hdj2006-3-10-59

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Friday, March 10, 2006

The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, March 9, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 65, Urging the President and Congress to develop and implement a quality affordable health care policy for all Americans,
H. C. R. 72, Interim study, retail liquor sales on Sunday,
H. C. R. 93, Requesting the Governor to proclaim the fourth Friday of April each year as "Children's Memorial Flag Day",
H. C. R. 95, Interim study on the regulation of all-terrain vehicles and the impact of recent safety legislation,
S. C. R. 23, Requesting Division of Highways name bridge at Delbarton, Mingo County, "Dr. J. R. 'Bob' Farley Memorial Bridge",
S. C. R. 56, Requesting Division of Highways name bridge in Nolan, Mingo County, "William Shayde Chapman Bridge",
And,
H. R. 16, Acknowledging the intrinsic value of Happy Retreat as a historical landmark,
And reports the same back with the recommendation that they each be adopted.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 22, Requesting the West Virginia Division of Highways to name U.S. Route 16 from the Fayette - Raleigh County line to the city of Oak Hill the "General C. Shirley Donnelly Memorial Road",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. C. R. 22 - "Requesting the West Virginia Division of Highways to name a portion of WV Route 16 from the northen city limits of the City of Mt. Hope continuing northerly to the intersection of WV Route 16 and U.S. Route 19, Corridor L, the 'General C. Shirley Donnelly Memorial Road',"
And,
H. C. R. 23, Requesting the Division of Highways name the portion of U. S. Route 16 beginning at Glen Jean/Fayette county and ending in Oak Hill, Fayette County, the "Hank Williams, Sr., Memorial Road",
And reports back a committee substitute therefor, with a new title as follows:
Com. Sub. for H. C. R. 23 - "Requesting the Division of Highways name the portion of U. S. Route 16 beginning at the exit ramp near Fayette County Route 19/29 and continuing in a northerly direction to the entrance ramp of U.S. Route 19, Corridor L, the 'Hank Williams, Sr., Memorial Road',"
And reports the same back with the recommendation that they each be adopted.
At the request of Delegate Staton, and by unanimous consent, the resolutions (Com. Sub. for H. C. R. 22 and Com. Sub. for H. C. R. 23) were each taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Chairman Michael, from the Committee on Finance submitted the following report, which was received:
Your Committee on has had under consideration:
S. B. 503, Providing pay raise for State Police; temporary promotions,
And reports the same back, by unanimous vote of the committee, with amendment, with the recommendation it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 503) was taken up for immediate consideration, read a second time, ordered to third reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had filed a request for the removal of S. B. 503 from the Consent Calendar to the Special Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
Com. Sub. for S. B. 767, Authorizing business registration certificate revocation of employer in default,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 767) to the Committee on Finance was abrogated, and it was taken up for immediate consideration, read a second time, ordered to third reading and then, in accordance with the provisions of House Rule 70a, ordered to the Consent Calendar.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had filed a request for the removal of Com. Sub. for S. B. 767 from the Consent Calendar to the Special Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
S. B. 566, Amending Crime Victims Compensation Act,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 566) to the Committee on Finance was abrogated, and it was taken up for immediate consideration, read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on third reading and then, in accordance with the provisions of House Rule 70a, ordered to the Consent Calendar.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had filed a request for the removal of S. B. 566 from the Consent Calendar to the Special Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
S. B. 480, Relating to time period for paying criminal proceedings costs,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 480) was taken up for immediate consideration, read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on third reading and then, in accordance with the provisions of House Rule 70a, ordered to the Consent Calendar.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had filed a request for the removal of S. B. 480 from the Consent Calendar to the Special Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
S. B. 772, Providing for subrogation rights for James "Tiger" Morton Catastrophic Illness Commission,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 772) was taken up for immediate consideration, read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on third reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
Com. Sub. for S. B. 299, Authorizing various executive or administrative agencies promulgate legislative rules,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 299) was taken up for immediate consideration, read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on third reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:

S. B. 112, Establishing Alzheimer's Disease Registry,

And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 112) was taken up for immediate consideration, read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on third reading, and then, in accordance with the provisions of House Rule 70a, ordered to the Consent Calendar.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had filed a request for the removal of S. B. 112 from the Consent Calendar to the Special Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
Com. Sub. for S. B. 603, Renaming day after Thanksgiving Day as Lincoln's Day,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 603) was taken up for immediate consideration, read a second time, ordered to third reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Browning, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 10^th day of March, 2006, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. 114), Relating to teen court program fees,
And,
(S. B. 627), Allowing facsimile signatures on tax liens.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended, of
S. B. 217, Continuing Board of Osteopathy.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment to the House of Delegates amendment was reported by the Clerk:
On page two, section sixteen, line five, by striking out the word "eight" and inserting in lieu thereof the word "nine".
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment to the House amendment.
The bill, as amended by the Senate, was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 461), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 217) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4488, Creating a commission to complete a comprehensive study of the state's behavioral health system.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, section one, line seven, after the word "abuse" by striking out the comma and inserting the word "and".
On page two, section one, lines seven and eight, by striking out the words "and undiagnosed and untreated developmental disabilities".
On page three, section one, lines twenty-six and twenty-seven, after the word "abuse" by striking out the comma and the words "developmental disabilities".
On page five, section three, line twenty-seven, by striking out the word "and".
And,
On page five, section three, line twenty-nine, after the word "Churches" by changing the period to a semicolon and inserting the following:
"(6) One member from a list provided by the West Virginia Chapter of the National Association of Social Workers;
(7) One member from a list provided by the West Virginia Hospital Association;
(8) One member who is a psychologist from a list provided by the West Virginia Psychological Association; and
(9) One member who is a physician with a specialty in psychiatry from a list provided by the West Virginia Medical Association."
On motion of Delegate Staton, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4490, Relating generally to the regulation of selling new or used vehicles.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2006, a bill of the House of Delegates as follows:
H. B. 4486, Relating to minimum base pay for members of the National Guard and providing tuition payment for the cost of post-graduate courses.
Resolutions Introduced
Delegates Sobonya, Stevens and Howard offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 100 - "Recognizing and commemorating the right to the freedom to express religious beliefs that is granted by both the United States Constitution and the West Virginia Constitution."
Whereas, The First Amendment to the United States Constitution allows for the free worship in the manner that each citizen chooses, the freedom to speak to any issue, and the freedom to assemble peacefully; and
Whereas, Article III, Section XV of the Constitution of West Virginia asserts that no citizen shall be compelled to worship or be persecuted for any expression of faith either public or private, or in their place of employment; and
Whereas, Citizens of the State of West Virginia participate in numerous faiths and services; and
Whereas, The right to the free expression of faith is central to the pursuit of happiness; and
Whereas, Among the first immigrants to this country were those fleeing religious oppression; and
Whereas, Members of all faiths are welcome to practice the religion of their choice; and
Whereas, The diversity of faiths is among the most important characteristics of our nation and state; and
Whereas, Those liberties outlined in the First Amendment to the United States Constitution and the Constitution of the great State of West Virginia are essential to the grace of our great nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the House of Delegates recognizes and commemorates the right to the freedom to express religious beliefs.
Delegate Frich and Miley offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 101 - "Requesting that the Joint Committee on Government and Finance study the feasibility and effectiveness of requiring owners of vicious dogs to carry liability insurance and how it may prevent injury and death to other animals and people and help compensate victims."
Whereas, Vicious dogs have been known to cause serious injury and death to other animals and individuals, in particular children who may be more vulnerable; and
Whereas, The Legislature has established that there is a need to regulate and control vicious dogs by enacting provisions in the Code of West Virginia such as sections twenty and twenty-one, article twenty, chapter nineteen; and
Whereas, A requirement of owners of vicious dogs to carry liability insurance on these vicious dogs may be a deterrent to the owners' being irresponsible in keeping them, thus potentially preventing serious injury and death; and
Whereas, Owners of vicious dogs should carry liability insurance on the vicious digs in order to compensate and make whole those persons who may suffer serious injury or to compensate and make whole family members and dependents if death occurs; therefore, be it
Resolved by the Legislature of West Virginia:
The Joint Committee on Government and Finance is requested to study the feasibility and effectiveness of requiring owners of vicious dogs to carry liability insurance and how it may prevent injury and death to other animals and people and compensate victims; and, be it
Further Resolved, That the Joint Committee on Government and Finance report on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, to the next regular session of the Legislature; and, be it
Further Resolved, That the expenses necessary to carry out its duties, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for S. B. 357, Authorizing Department of Revenue promulgate legislative rules,
Com. Sub. for S. B. 554, Clarifying use of Forensic Medical Examination Fund for certain nurses' training,
Com. Sub. for S. B. 692, Conforming consumers sales and service tax law to requirements of Streamlined Sales and Use Tax Agreement,
S. B. 722, Providing statute of limitations for certain sales by trustee,
And,
S. B. 791, Clarifying offenses and penalties relating to ephedrine, pseudoephedrine and phenylpropanolamine.
On the passage of the bills, the yeas and nays were taken (Roll No. 462), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Walters.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for S. B. 357, Com. Sub. for S. B. 554. Com. Sub. for S. B. 692, S. B. 722 and S. B. 791) passed.
Delegate Lane requested that he be recorded as having voted "Nay" on the passage of Com. Sub. for S. B. 692.
An amendment to the title of S. B. 791, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 791 - "A Bill to amend and reenact §61A-2-212 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-10-7 and §60A-10-8 of said code, all relating to ephedrine, pseudoephedrine and phenylpropanolamine; clarifying that offenses and penalties for prohibited acts relating to controlled substances do not apply to ephedrine, pseudoephedrine or phenylpropanolamine; clarifying that the offenses and penalties for prohibited acts set forth in the provisions of article ten of said chapter are applicable to ephedrine, pseudoephedrine and phenylpropanolamine; clarifying the reporting requirements requiring pharmacists and pharmacy technicians to reports sales, transfers and distribution of certain substances containing ephedrine, pseudoephedrine and phenylpropanolamine to the Board of Pharmacy; providing for the methods of reporting the information required to be reported."
Delegate Staton moved that Com. Sub. for S. B. 357 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 468), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Walters.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 357) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on Consent Calendar bills and request concurrence therein on bills requiring the same.
Second Reading
Com. Sub. for S. B. 11, Adding circuit court judge to twenty-third judicial circuit; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §51-2-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said chapter be further amended by adding thereto a new section, designated §51-3-18, all to read as follows:
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.

§51-2-1. Judicial circuits; terms of office; legislative findings and declarations; elections; terms of court.

(a) The state shall be divided into the following judicial circuits with the following number of judges:
The counties of Brooke, Hancock and Ohio shall constitute the first circuit and shall have four judges; the counties of Marshall, Tyler and Wetzel shall constitute the second circuit and shall have two judges; the counties of Doddridge, Pleasants and Ritchie shall constitute the third circuit and shall have one judge; the counties of Wood and Wirt shall constitute the fourth circuit and shall have three judges; the counties of Calhoun, Jackson, Mason and Roane shall constitute the fifth circuit and shall have two judges; the county of Cabell shall constitute the sixth circuit and shall have four judges; the county of Logan shall constitute the seventh circuit and shall have two judges; the county of McDowell shall constitute the eighth circuit and shall have two judges; the county of Mercer shall constitute the ninth circuit and shall have two judges; the county of Raleigh shall constitute the tenth circuit and shall have three judges; the counties of Greenbrier and Pocahontas shall constitute the eleventh circuit and shall have two judges; the county of Fayette shall constitute the twelfth circuit and shall have two judges; the county of Kanawha shall constitute the thirteenth circuit and shall have seven judges; the counties of Braxton, Clay, Gilmer and Webster shall constitute the fourteenth circuit and shall have two judges; the county of Harrison shall constitute the fifteenth circuit and shall have three judges; the county of Marion shall constitute the sixteenth circuit and shall have two judges; the county of Monongalia shall constitute the seventeenth circuit and shall have two judges; the county of Preston shall constitute the eighteenth circuit and shall have one judge; the counties of Barbour and Taylor shall constitute the nineteenth circuit and shall have one judge; the county of Randolph shall constitute the twentieth circuit and shall have one judge; the counties of Grant, Mineral and Tucker shall constitute the twenty-first circuit and shall have two judges; the counties of Hampshire, Hardy and Pendleton shall constitute the twenty-second circuit and shall have one judge; the counties of Berkeley, Jefferson and Morgan shall constitute the twenty-third circuit and shall have four judges: Provided, That effective the first day of August, two thousand six, said circuit shall have five judges; the county of Wayne shall constitute the twenty- fourth circuit and shall have one judge; the counties of Lincoln and Boone shall constitute the twenty-fifth circuit and shall have two judges; the counties of Lewis and Upshur shall constitute the twenty-sixth circuit and shall have one judge; the county of Wyoming shall constitute the twenty- seventh circuit and shall have one judge; the county of Nicholas shall constitute the twenty-eighth circuit and shall have one judge; the county of Putnam shall constitute the twenty-ninth circuit and shall have two judges; the county of Mingo shall constitute the thirtieth circuit and shall have one judge; and the counties of Monroe and Summers shall constitute the thirty-first circuit and shall have one judge: Provided, That the Kanawha County circuit court shall be a court of concurrent jurisdiction with each single judge circuit where the sitting judge in such single judge circuit is unavailable by reason of sickness, vacation or other reason.
(b) Any judge in office on the effective date of the reenactment of this section shall continue as a judge of the circuit as constituted under prior enactments of this section, unless sooner removed or retired as provided by law, until the thirty-first day of December, two thousand.
(c) The term of office of all circuit court judges shall be for eight years. The term of office for all circuit court judges elected during the general election conducted in the year two thousand shall commence on the first day of January, two thousand one, and end on the thirty-first day of December, two thousand eight.
(d) Beginning with the primary and general elections to be conducted in the year one thousand nine hundred ninety-two, in all judicial circuits having two or more judges there shall be, for election purposes, numbered divisions corresponding to the number of circuit judges in each circuit. Each judge shall be elected at large from the entire circuit. In each numbered division of a judicial circuit, the candidates for nomination or election shall be voted upon and the votes cast for the candidates in each division shall be tallied separately from the votes cast for candidates in other numbered divisions within the circuit. The candidate receiving the highest number of the votes cast within a numbered division shall be nominated or elected, as the case may be: Provided, That beginning with the primary and general elections to be conducted in the year two thousand, judges serving a judicial circuit comprised of four or more counties with two or more judges shall not be residents of the same county.
(e) The Supreme Court shall, by rule, establish the terms of court of circuit judges.
ARTICLE 3. COURTS IN GENERAL.
§51-3-18 Expeditious Filling of Judicial Vacancies.
(a) The legislature finds that when judicial offices created under the constitution and laws of the state are vacant for extended periods of time, the proper functioning of the judicial branch of the government is impeded. The legislature further finds that when a vacancy in a judicial office is to be filled by appointment, it is in the public interest that any questions regarding the qualifications or eligibility of the person nominated or appointed to fill the vacancy be determined expeditiously.
(b) When, pursuant to the provisions of section seven of article eight of the constitution, the governor appoints a person to fill a vacancy in the office of judge of the supreme court of appeals or in the office of judge of the circuit court, no suit or action challenging the qualifications or eligibility of the person so appointed, if it be based upon any fact or circumstance in existence at the time of the appointment, will be cognizable in any court of this state unless it be brought within twenty days after the appointment by the governor.
(c) When, pursuant to the provisions of section ten of article eight of the constitution and the general laws adopted thereunder, a person is appointed to fill a vacancy in the office of magistrate, no suit or action challenging the qualifications or eligibility of the person so appointed, if it be based upon any fact or circumstance in existence at the time of the appointment, will be cognizable in any court of this state unless it be brought within twenty days after the appointment.
(d) When, pursuant to the provisions of section sixteen of article eight of the constitution, the governor appoints a person to fill a vacancy in the office of judge of the family court, no suit or action challenging the qualifications or eligibility of the person so appointed, if it be based upon any fact or circumstance in existence at the time of the appointment, will be cognizable in any court of this state unless it be brought within twenty days after the appointment by the governor.
(e) Following a judicial appointment, if no suit or action is commenced within the time specified above, or if, in a suit having been timely brought, it is finally adjudged that the appointee is qualified and eligible to hold the office to which he or she has been appointed, then the appointee may take the oath of office and thereafter execute the office for the unexpired term to which he or she has been appointed, subject to removal under section eight of article eight of the constitution, in the case of a judge of the supreme court, the circuit court or the family court, only by impeachment, and in the case of a magistrate, in the manner provided by general law for removal of a magistrate.
(f) An action timely brought to challenge the qualifications or eligibility of an appointee to judicial office shall be given priority over all other actions on the docket of the court in which the action is brought.
(g) Nothing contained in this section is intended by the legislature to interfere with the authority of the supreme court of appeals to discipline or retire judges or magistrates as that authority is set forth in the constitution and in rules adopted by the supreme court of appeals pursuant to the constitution.
(h) The Legislature declares that the offices of magistrate, judge of the family court, judge of the circuit court, and judge of the supreme court of appeals are elective in nature and are all 'offices to be filled by election by the people' within the meaning of the exceptions clause of section fifteen, article six of the Constitution, which clause describes the kind and character of the offices thereby removed from the operation of the prohibitory clause and not the method by which the offices are to be filled."
The bill was then ordered to third reading.
S. B. 223, Relating to examination of insurance and health care entities; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 467, Amending group life insurance requirements; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 468, Amending group accident and sickness insurance requirements; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Banking and Insurance , was reported by the Clerk and adopted, amending the bill on page two, section two, line twelve, following the semi-colon, by inserting the word "or".
And,
On page two, section two, line thirteen, by striking out subdivision "(B)" and inserting in lieu thereof the following:
"(B) If the premium is paid by the employer and the employees jointly, or by the employees, there shall be no employee participation requirement. The term 'employee' as used herein is considered to include the officers, managers and employees of the employer, the partners, if the employer is a partnership, the officers, managers and employees of subsidiary or affiliated corporations of a corporate employer, and the individual proprietors, partners and employees of individuals and firms, the business of which is controlled by the insured employer through stock ownership, contract or otherwise. The term 'employer' as used herein may include any municipal or governmental corporation, unit, agency or department and the proper officers of any unincorporated municipality or department, as well as private individuals, partnerships and corporations."
The bill was then ordered to third reading.
Com. Sub. for S. B. 490, Providing gasoline excise tax exemption for certain county aging programs; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 754, Clarifying risk categories covered by farmers' mutual insurance companies; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Banking and Insurance, was reported by the Clerk and adopted, amending the bill on page on page six, section eight, line sixty-seven, following the word "code"
by inserting the following:
"a 'wheelchair', as defined in section sixty-five, article one, chapter seventeen-c of this code and any similar vehicle used by persons with disabilities; a 'golf cart' while used for golfing".
On page seven, section eight, line eighty-four, by striking out the words 'at least seventy-five percent' and inserting in lieu thereof 'a majority';
And,
On page seven, section eight, line ninety-one, by striking the word 'six' and inserting in lieu thereof the word 'five'."
The bill was then ordered to third reading.
Special Calendar
Unfinished Business
Action on Senate Messages
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
Com. Sub. for H. B. 4008, Relating to authorizing city and county housing authorities to merge to form a regional housing authority.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk.
On page nine, section one, line one hundred forty-six, after the word "in" by striking out the remainder of the subdivision and inserting in lieu thereof the words "sections three-a and three-b of this article."
And,
On pages thirteen and fourteen, section three-b, lines one through five, by striking out all of subsection (a) and inserting in lieu thereof a new subsection (a), to read as follows:
"(a) Two or more cities or counties may, by joint resolution of their governing bodies, merge their housing authorities to establish a regional housing authority: Provided, That each city or county considering the merger shall hold a public hearing in its area of operation prior to adopting the joint resolution."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 469), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4008) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
H. B. 4049, Relating to state funded student financial aid.
At the request of Delegate Staton, and by unanimous consent, further consideration of the bill was then postponed until the evening session.
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
Com. Sub. for H. B. 4096, Relating to amount of an appeal bond.
At the request of Delegate Staton, and by unanimous consent, further consideration of the bill was then postponed until the evening session.
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
Com. Sub. for H. B. 4135, Authorizing the Department of Environmental Protection to promulgate legislative rules.
At the request of Delegate Staton, and by unanimous consent, further consideration of the bill was then postponed until the evening session.
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
Com. Sub. for H. B. 4172, Authorizing the Department of Administration to promulgate legislative rules.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page four, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §64-1-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that article 2, chapter 64 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL LEGISLATIVE AUTHORIZATION.

§64-1-1. Legislative authorization.
Under the provisions of article three, chapter twenty-nine-a of the code of West Virginia, the Legislature expressly authorizes the promulgation of the rules described in articles two through eleven, inclusive, of this chapter, subject only to the limitations set forth with respect to each such rule in the section or sections of this chapter authorizing its promulgation. Legislative rules promulgated pursuant to the provisions of articles one through eleven, inclusive, of this chapter in effect at the effective date of this section shall continue in full force and effect until reauthorized in this chapter by legislative enactment or until amended by emergency rule pursuant to the provisions of article three, chapter twenty-nine-a of this code.
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

§64-2-1. Department of Administration.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section forty-two, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the third day of January, two thousand six, relating to the Department of Administration (Leasing space on behalf of state spending units, 148 CSR 2), is authorized, with the following amendments:
On page one, subsection 3.2, following the word "requested" and the comma by striking out the remainder of subsection 3.2.
On page seven, subsection 12.4, by striking out the word "disbar" and inserting in lieu thereof the word "debar".
(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section six, article twenty-two-a, chapter five of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of January, two thousand six, relating to the Department of Administration (Selecting design-builders under the Design Build Procurement Act, 148 CSR 11), is authorized, with the following amendments:
On page seven, subsection 13.2, following the word "Agency" by striking out the remainder of subsection 13.2 and inserting in lieu thereof the following: "at any time prior to the start of construction if any requirement of the project is not satisfied."; and
On page eight, following subsection 14.7 by inserting the following:
'§148-11-15. Public emergencies.
15.1. If an application for a Design-Build proposal is filed which indicates a public emergency, the Design-Build Board shall take immediate action to determine if the project meets the criteria for a design-build project.
15.2. If the criteria are satisfied, the Board shall meet to approve or disapprove the application. If this situation occurs, the Board shall file a notice of emergency meeting with the Secretary of State in accordance with the Open Governmental Meetings Act.
15.3. A design-build project application may not indicate a public emergency if the emergency indicated is the result of self-imposed hardships, such as, neglect, poor planning, or a lack of organization by the applicant.
(c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section forty-five, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of December, two thousand five, relating to the Department of Administration (Cannibalization of state property, 148 CSR 16), is disapproved and not authorized.
(d) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section forty-five, article three, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of December, two thousand five, relating to the Department of Administration (Waste disposal of state property, 148 CSR 17), is disapproved and not authorized.
§64-2-2. Consolidated Public Retirement Board.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the third day of January, two thousand six, relating to the Consolidated Public Retirement Board (Benefit determination and appeal, 162 CSR 2), is authorized.
(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the third day of January, two thousand six, relating to the Consolidated Public Retirement Board (Teachers' Defined Benefit Plan, 162 CSR 4), is authorized.
(c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the third day of January, two thousand six, relating to the Consolidated Public Retirement Board (Service credit for accrued and unused sick and annual leave, 162 CSR 8), is authorized, with the following amendment:
On page four, line twenty-seven, by striking out subsection 7.2 in its entirety and inserting in lieu thereof the following:
"7.2. Limitation on the Accrual of Unused Sick and Annual Leave. - If the West Virginia State Police policy for the accrual of unused sick and annual leave is more generous than that of the State of West Virginia for its state agency employees, trooper members shall receive service credit only for unused sick and annual leave as provided for by the state of West Virginia for state employees who are covered by the rules of the West Virginia Division of Personnel, except as provided in 7.2.1.
7.2.1. Except as provided in 7.2.2 of this rule, for purposes of determining service credit that may be received by a trooper member for accrued and unused annual leave, a trooper member with up to 480 hours (60 work days) accrued and unused annual leave that was carried forward from 2005 to 2006 may carry forward accrued and unused annual leave from 2006 to 2007 in an amount not to exceed either the amount of accrued and unused annual leave actually carried over from 2005 to 2006 or the amount of accrued and unused annual leave actually remaining to the trooper member at the expiration of calendar year 2006, whichever is lesser. At the end of each calendar year thereafter, the trooper member may carry over the lesser of the amount carried over the previous year or the amount actually remaining to the trooper member at the expiration of calendar year.
7.2.2. If the amount of a trooper member's unused annual leave carried over from 2005 to 2006, or from any year to the next thereafter, is less than the amount of unused annual leave permitted to be carried over as provided for by the state of West Virginia for state employees who are covered by the rules of the West Virginia Division of Personnel, the provisions of 7.2.1 of this rule do not apply and the trooper member shall thereafter be governed by the provisions of 7.2 of this rule and for purposes of determining service credit that may be received by a trooper member for accrued and unused annual leave, is permitted to carry over annual leave up to but not exceeding the amounts permitted to be carried over as provided for by the state of West Virginia for state employees who are covered by the rules of the West Virginia Division of Personnel.
7.2.3. The provisions of this rule govern the determination of service credit that may be received by a trooper member for accrued and unused annual leave, and may not be construed to supersede any West Virginia State Police policy for the accrual of unused sick and annual leave applicable to contributing trooper members before retirement.
(d) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the third day of January, two thousand six, relating to the Consolidated Public Retirement Board (West Virginia State Police, 162 CSR 9), is authorized.
(e) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the third day of January, two thousand six, relating to the Consolidated Public Retirement Board (Deputy Sheriff Retirement System, 162 CSR 10), is authorized.
§64-2-3. Ethics Commission.
(a) The legislative rule filed in the State Register on the twentieth day of July, two thousand five, authorized under the authority of section two, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of January, two thousand six, relating to the Ethics Commission (West Virginia Ethics Commission, 158 CSR 1), is authorized.
(b) The legislative rule filed in the State Register on the twentieth day of July, two thousand five, authorized under the authority of section two, article two, chapter six-b of this code, relating to the Ethics Commission (Complaints, investigations and hearings, 158 CSR 3), is authorized.
(c) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand five, authorized under the authority of section two, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of January, two thousand six, relating to the Ethics Commission (Lobbying, 158 CSR 12), is authorized.
(d) The legislative rule filed in the State Register on the twentieth day of July, two thousand five, authorized under the authority of section five-a, article two, chapter six-b of this code, relating to the Ethics Commission (code of conduct for administrative law judges, 158 CSR 13), is authorized.
(e) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand five, authorized under the authority of section two, article two, chapter six-b of this code, relating to the Ethics Commission (filing of verified time records, 158 CSR 14), is authorized.
(f) The legislative rule filed in the State Register on the twentieth day of July, two thousand five, authorized under the authority of section two, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of January, two thousand six, relating to the Ethics Commission (Compliance audits, 158 CSR 15), is authorized.
(g) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand five, authorized under the authority of section two, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of January, two thousand six, relating to the Ethics Commission (Ethics training requirements for designated public officials, 158 CSR 18), is authorized."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4172 - "A Bill to amend and reenact article 2, chapter 64 of the code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Administration and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; disapproving certain rules; authorizing the Department of Administration to promulgate a legislative rule relating to leasing space on behalf of state spending units; authorizing the Department of Administration to promulgate a legislative rule relating to selecting design-builders under the Design Build Procurement Act; disapproving promulgation of a legislative rule of the Department of Administration relating to cannibalization of state property; disapproving promulgation of a legislative rule of the Department of Administration relating to waste disposal of state property; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeals; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers' Defined Benefit Plan; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to service credit for accrued and unused sick and annual leave; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Deputy Sheriff Retirement System; authorizing the Ethics Commission to promulgate a legislative rule relating to the Commission; authorizing the Ethics Commission to promulgate a legislative rule relating to complaints, investigations and hearings; authorizing the Ethics Commission to promulgate a legislative rule relating to lobbying; authorizing the Ethics Commission to promulgate a legislative rule relating to a code of conduct for administrative law judges; authorizing the Ethics Commission to promulgate a legislative rule relating to the filing of verified time records; authorizing the Ethics Commission to promulgate a legislative rule relating to compliance audits; and authorizing the Ethics Commission to promulgate a legislative rule relating to ethics training requirements for designated public officials."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments.
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 470), and there were--yeas 88, nays 9, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Border, Frich, Hall, Lane, Sobonya, Stevens, Sumner and Walters.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4172) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 471), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Walters.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4172) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
Com. Sub. for H. B. 4210, Authorizing the Department of Commerce to promulgate legislative rules.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
The Committee on the Judiciary moved to amend the bill on page four, by striking out everything after the enacting section and inserting in lieu thereof the following:

"ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.

§64-10-1. Division of Forestry.
The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section three, article one-a, chapter nineteen of this code, modified by the Division of Forestry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of October, two thousand five, relating to the Division of Forestry (Ginseng, 22 CSR 1), is authorized, with the following amendment:
On page six, by striking out subsection 13.1 in its entirety and renumbering the remaining subsections.
§64-10-2. Office of Miners Health, Safety and Training.
The legislative rule filed in the State Register on the sixteenth day of March, two thousand five, authorized under the authority of section six, article one, chapter twenty-two-a of this code, modified by the Office of Miners Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the tenth day of June, two thousand five, relating to the Office of Miners Health, Safety and Training (Safety provisions for clearing crews, 56 CSR 2), is authorized, with the following amendments:
On page twelve, section twenty-one, following subsection 21.2, by inserting the following:
"21.3. The employer shall provide annual continuing training of at least eight hours covering the subjects listed in subdivision 21.1.b for each employee, including supervisors, at no cost to the employee."
§64-10-3. Division of Natural Resources.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section twenty-three-a, article two, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October, two thousand five, relating to the Division of Natural Resources (Commercial whitewater outfitters, 58 CSR 12), is authorized.
(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of sections thirteen, twenty-two, twenty-two-a and twenty-three, article seven, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October, two thousand five, relating to the Division of Natural Resources (Boating, 58 CSR 25), is authorized.
(c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of October, two thousand five, relating to the Division of Natural Resources (Public use of West Virginia State Parks, State Forests and State Wildlife Management Areas under the Division of Natural Resources, 58 CSR 31), is authorized with the amendments set forth below:
On page one, subsection 1.1, after the words, "Division of Natural Resources" by inserting the words "Parks and Recreation Section".
On page three, subsection 2.21, after the words "Chief Logan," by changing the comma to a colon, striking out "except in the" and inserting following: "Provided, That beer, wine and alcoholic beverages may be served in the restaurant,".
On page three, subsection 2.21, after the words "conference
center" by inserting the words "without prior written authorization from the Director".
And,
On page four, subsection 2.21, after the words "prohibited by posted signs" by changing the period to a colon and inserting the following: "Provided, That any person, group or association sponsoring a private party at the multi-purpose log barn at Prickett's Fort State Park may provide beer, wine, liquor and all other alcoholic beverages for guests at a private party as long as the party is not open to the general public."
(d) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October, two thousand five, relating to the Division of Natural Resources (Terms defining the terms to be used concerning all hunting and trapping rules, 58 CSR 46), is authorized, with the following amendment:
On page two, subsection 2.10, after the words "Individual Permanently Disabled in the Lower Extremities" by striking out the remainder of subsection 2.10 and inserting in lieu thereof the following: "means an individual who is permanently and totally disabled due to paralysis or disease in the lower half of the body, which makes it impossible to ambulate successfully more than two hundred feet without assistance".
(e) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (Wild boar hunting, 58 CSR 52), is authorized.
(f) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (Special waterfowl hunting, 58 CSR 58), is authorized.
(g) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (Miscellaneous permits and licenses, 58 CSR 64), is authorized, with the following amendments:
On page four, subsection 3.6, by striking out the words "A pubic hearing will be conducted" and inserting in lieu thereof the words "The Division of Natural Resources will conduct a public hearing".
On page four, subsection 3.7, after the period, by inserting the following: "If the chief accepts a recommendation to deny the granting of a permit or license, he must notify the applicant of the denial and the reasons therefor." and by striking out subdivision 3.7.1 in its entirety.
On page four, subsection 4.1, by striking out the words "Except as provided in Section 4.1.1 of this rule, all" and inserting in lieu thereof the words "A commercial shooting preserve license issued under W. Va. Code §20-2-54 expires on June 30 of the fiscal year of issue. All other".
On page four, subsection 4.1, by striking out the word "will".
On page four, by striking out subdivision 4.1.1 in its entirety.
On page five, subsection 5.3, by striking out the word "as".
On page five, subsection 6.2, by striking out "A captive deer facility must be inspected by both Division of Natural Resources, Wildlife Resources and Law Enforcement personnel and an inspection form completed." and inserting in lieu thereof the following: "Personnel from both the Division of Natural Resources, Wildlife Resources Section and the Division of Natural Resources, Law Enforcement Section will inspect captive cervid facilities and complete an inspection form."
On page eleven, subsection 7.4, by striking out the word "will".
On page eleven, subsection 7.4, by striking out the words "or not the license" and inserting in lieu thereof the word "it".
On page eleven, subsection 7.4.1, by striking out "There shall be a" and inserting in lieu thereof "The".
On page eleven, subsection 7.4.1, by striking out "of" and inserting in lieu thereof "is".
On page eleven, subsection 7.4.1, by adding the following sentence at the end of the subdivision: "The fee for renewal of a captive cervid facility license is $250."
On page eleven, subdivision 7.4.2, by striking out the words "A pubic hearing will be conducted" and inserting in lieu thereof the words "The Division of Natural Resources will conduct a public hearing".
On page eleven, by striking out subdivision 7.4.3 in its entirety and inserting in lieu thereof the following:
"7.4.3. "A unique and permanent identifying license number, corresponding to the number assigned to the premises by the National Animal Identification System, shall be issued to each licensed captive cervid facility. The applicant must supply this number to the West Virginia Division of Natural Resources with the application for a captive cervid facility license."
On page eleven, subdivision 7.4.5, by striking out the words "direct or".
On pages eleven and twelve, by striking out all of subdivision 7.4.7 and by renumbering the remaining subdivisions.
On page twelve, subdivision 7.4.8, by striking out the words "posts must be spaced at 20 feet maximum for T post or 30 feet maximum for rigid post; brace posts must be buried at least 4 feet in rocky soil and 6 feet in sandy soil or concrete must be used to provide equal stability; line posts must be buried to 3 feet" and inserting in lieu thereof the words "posts must be properly spaced and anchored".
On page twelve, subdivision 7.4.13, by striking out the word "daily".
On page twelve, subdivision 7.4.13, after the word "pests" by striking out the words "Food and water containers shall be kept clean. Hay, straw or other bedding material must be replaced as needed. All waste must be disposed of in a legal manner." and inserting in lieu thereof "and is in accordance with best management practices".
On page twelve, subdivision 7.4.14, by striking out the word "state" and inserting in lieu thereof the words "West Virginia".
On page twelve, subdivision 7.4.14, by striking out the word "accredited" and inserting in lieu thereof the words "West Virginia licensed".
On page twelve, at the end of subdivision 7.4.14, after the words "brucellosis testing." by inserting the following: "The collection of samples for CWD testing shall be performed by trained personnel within the West Virginia Division of Natural Resources or by a trained veterinarian employed by the West Virginia Department of Agriculture. For the purpose of collecting tissue for CWD testing, the captive cervid facility licensee has four options: (1) the licensee may deliver to a West Virginia Division of Natural Resources District Office the head of the cervid; (2) the licensee may deliver to a West Virginia Division of Natural Resources District Office the entire cervid with the head intact; (3) the licensee may contact the West Virginia Division of Natural Resources and a trained representative of the West Virginia Division of Natural Resources and/or a trained veterinarian employed by the West Virginia Department of Agriculture shall go to the facility and obtain the tissue samples; or (4) the licensee may deliver the entire cervid with the head intact to the West Virginia Department of Agriculture lab in Moorefield, West Virginia, and upon delivery of the cervid carcass, the West Virginia Department of Agriculture shall notify the West Virginia Division of Natural Resources of the delivery. After the West Virginia Division of Natural Resources and/or the West Virginia Department of Agriculture have obtained sufficient and necessary tissue samples, the remaining tissue may be shared with the captive cervid facility licensee."
On page twelve, subdivision 7.4.15, by striking out "The co-mingling of different Cervid species or Cervid species and livestock will not be permitted in the same pens without written approval of the Director. If different Cervid species are housed at the same facility, they must be separated into different pens that are double-fenced or otherwise prohibit contact between the different species." and inserting in lieu thereof the following: "Co-mingling of different cervid species will be allowed if the population density is at least 20,000 square feet per animal and if all best management practices are followed by the captive cervid facility.".
On page twelve, subdivision 7.4.15, after the words "material from" by striking out "different Cervid species" and inserting in lieu thereof the words "captive cervids".
On page twelve, subdivision 7.4.15, after the word "exposed" by striking out "to other Cervids in separate pens or".
On page thirteen, subdivision 7.4.16, by striking out the word "shall" and inserting in lieu thereof the word "may".
On page thirteen, subdivision 7.4.16, by striking out the words "such verification".
On page thirteen, subdivision 7.4.18, after the words "50 yards" by striking out the words "Except that a" and inserting in lieu thereof the word "A".
On page thirteen, subdivision 7.4.18, after the words "in the ear" by striking out the word "shall" and inserting in lieu thereof the word "is".
On page thirteen, subdivision 7.4.19, by striking out the word "An" and inserting in lieu thereof the words "A licensee shall maintain an".
On page thirteen, subdivision 7.4.19, by striking out the words "will be maintained".
On page thirteen, subdivision 7.4.19, after the word "permits" by striking out the period and the words "Records shall show" and inserting in lieu thereof the words "and shall include".
On page thirteen, subdivision 7.4.20, by striking out the word "A" and inserting in lieu thereof the words "A licensee shall forward a".
On page thirteen, subdivision 7.4.20, by striking out the words "shall be forwarded".
On page thirteen, subdivision 7.4.20, by striking out the words "Prior approval shall be obtained from the Director for the movement of captive cervids, and shall be conditional on negative test results and herd accreditation for TB and brucellosis as defined by the USDA." and inserting in lieu thereof the following: "A licensee must obtain prior approval from the Director to move captive cervids. The Director may grant approval on a case-by-case basis. All captive cervid facilities must enroll the cervid herds in accreditation programs for brucellosis and TB as defined by the USDA: Provided, That captive cervid facilities licensed after August 9, 2005 may only accept cervids from TB accredited herds that also meet all requirement of CWD monitoring and surveillance programs".
On page thirteen, subdivision 7.4.20, after the words "performed by" by striking out the words "an accredited" and inserting in lieu thereof the words "a West Virginia licensed". On page thirteen, by striking out subdivision 7.4.21 in its entirety and inserting in lieu thereof the following:
"7.4.20. A captive cervid facility licensed after August 9, 2005, may receive animals coming from a herd within the state only if the proposed transfer is from a herd that has an ongoing and appropriate CWD surveillance record for at least 60 months. If a licensee has a monitoring program which has been in effect for at least 36 months, the Director may, after reviewing the facility's monitoring records, approve intra-state movement of cervids from the facility's herd: Provided, That intra-state movement of captive cervids may be approved by the Director on a case-by-case basis."
On page thirteen, by striking out subdivision 7.4.22 in its entirety and inserting in lieu thereof the following:
"7.4.21. A captive cervid facility in this state may not receive animals that have originated from or been housed with animals originating from any state that has a confirmed CWD or tuberculosis (TB) positive cervid in the last 60 months. A captive cervid facility in this state may not receive genetic material that originates from any state that has a confirmed CWD or tuberculosis (TB) positive cervid in the last 60 months.".
On page thirteen, subdivision 7.4.23, by striking out the words "an accredited" and inserting in lieu thereof the words "a West Virginia licensed".
On page thirteen, at the end of subdivision 7.4.24, by changing the period to a colon and adding the following proviso: "Provided, That fawns below the age of six (6) months may be moved or transferred if the fawn originates from a certified tuberculous free herd and is tagged with a unique marker visible from 50 yards.".
On page fourteen, subdivision 7.4.25, by striking out the word "Every" and inserting the word "A licensee will make every".
On page fourteen, subdivision 7.4.25, by striking out the words "will be made.
On page fourteen, subdivision 7.4.25, by striking out the word "All" and inserting in lieu thereof the words "A licensee shall report all known".
On page fourteen, subdivision 7.4.25, by striking out the words "shall be reported".
On page fourteen, subdivision 7.4.25, by striking out "24" and inserting in lieu thereof "8";
On page fourteen, subdivision 7.4.25, after the word "Captain" by changing the period to a comma and inserting the following: "District WRS Game Biologist or the county conservation officer."
On page fourteen, subdivision 7.4.25, after the words "captive Cervid license"by striking out the remainder of the subdivision and inserting in lieu thereof the following: "Any negligent act that results in captive cervids escaping is a violation of the license."
On page fourteen, subdivision 7.4.26, after the words "transmissible diseases." by striking out the remainder of the subdivision and inserting in lieu thereof the following: "All costs for killing an animal that escapes due to a negligent act, including collecting samples and testing, are the responsibility of the licensee."
On page fourteen, subdivision 7.4.27, by striking out "shall" and inserting in lieu thereof the word "may"
On page fourteen, subdivision 7.4.28, by striking out the words "The" and inserting in lieu thereof the words "An authorized representative of the Director shall periodically inspect the"
On page fourteen, subdivision 7.4.28, by striking out the words "shall be periodically inspected by an authorized representative of the Director"
On page fourteen, subdivision 7.4.30, by striking out the word "Any" and inserting in lieu thereof the words "The licensee shall report any"
On page fourteen, subdivision 7.4.30, by striking out the words "shall be reported".
On page fourteen, subdivision 7.4.31, by striking out the word "Appropriate" and inserting in lieu thereof the words "The licensee shall submit appropriate".
On page fourteen, subdivision 7.4.31, by striking out the word "must be submitted".
On page fourteen, subdivision 7.4.31, by striking out the words "may also be required." and inserting in lieu thereof the following: "is also required. Any captive cervid that is fourteen months of age or older that dies or is slaughtered must be tested for TB and brucellosis by a USDA certified, West Virginia licensed veterinarian if sufficient samples are available. These test results shall be made available to the West Virginia Department of Agriculture and the West Virginia Division of Natural Resources."
On page fourteen, subdivision 7.4.32, by striking out the words "It shall be the licensee's responsibility to ensure that" and insert in lieu thereof "The licensee shall notify"
On page fourteen, subdivision 7.4.32, by striking out the words "is notified"
On page fourteen, subdivision 7.4.33, after the words "outside the infected captive Cervid facility." by striking out the remainder of the subdivision.
And,
On page fourteen, after subdivision 7.4.33, by adding a new subdivision to read as follows:
"7.4.33. The West Virginia Department of Agriculture and the West Virginia Division of Natural Resources shall work together to develop accreditation programs for captive cervids for diseases including Tuberculosis (TB), brucellosis, and chronic wasting disease (CWD). Captive cervid facilities are required to enroll their herds in the USDA-APHIS CWD herd certification program, when the program becomes effective. In addition, a herd plan shall be developed that minimally includes actions described in the USDA-APHIS final rule, or if not available the proposed rule, that apply to the positive herd, epidemiologically linked herds, and the facility."
(h) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the thirteenth day of October, two thousand five, relating to the Division of Natural Resources (Falconry, 58 CSR 65), is authorized.
(i) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article two-b, chapter twenty of this code, relating to the Division of Natural Resources (Lifetime hunting, trapping and fishing licenses, 58 CSR 67), is authorized.
§64-10-4. Division of Labor.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article nine, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the legislative rule-making review committee and refiled in the State Register on the first day of November, two thousand five, relating to the Division of Labor (West Virginia Manufactured Housing Construction and Safety Standards Board, 42 CSR 19), is authorized, with the following amendments:
On page thirteen, section ten-a, subsection two, subdivision (a), paragraph (iii), by striking the words "American National Standards Institute, A225.1 Installation Standard for Manufactured Homes" and inserting in lieu thereof the words "National Fire Protection Association 225 Model Manufactured Home Installation Standard",
On page nineteen, section fifteen, by striking subsection 15.1 in its entirety,
On page twenty, section fifteen, by striking subsections 15.4 and 15.5 in their entirety, On page twenty-one, section fifteen, by striking subsection 15.12 in its entirety; and
By renumbering the remaining subsections in section fifteen of the Legislative rule.
(b) The legislative rule filed in the State Register on the tenth day of February, two thousand five, authorized under the authority of section four, article five-f, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the legislative rule-making review committee and refiled in the State Register on the eighteenth day of January, two thousand six, relating to the Division of Labor (nurse overtime complaints, 42 CSR 30), is authorized.
§64-10-5. Division of Tourism.
The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand five, authorized under the authority of section nine, article two, chapter five-b of this code, modified by the Division of Tourism to meet the objections of the legislative rule-making review committee and refiled in the State Register on the eleventh day of January, two thousand six, relating to the Division of Tourism (Direct Advertising Grants Program, 144 CSR 1), is authorized, with the following amendments:
On page one, following section 144-1-1, by striking out all of section 144-1-2 and inserting in lieu thereof the following:
"§144-1-2. Definitions.
2.1 "Applicant" means a for profit or non-profit entity or organization located within the state that promotes tourism within the state and is also a destination. The term "applicant" may not include vendors that would be supplying services paid for out of grant funds, schools or camps.
2.2 "Application" means a written request for tourism promotion funds pursuant to this rule containing all forms, information and attachments executed by the applicant and all partners, if applicable.
2.3. "Amenity" includes spa services, golf courses, full-service restaurants, skiing or snow activities, tennis, horseback riding, hiking trails, boating or fishing.
2.4. "Attraction" means an entity which is at least one of the following:
2.4.1. A cultural or historic site or event which includes, but is not limited to, fairs or festivals, heritage and historic sites and museums;
2.4.2. Entertainment establishments which include, but are not limited to, pari-mutuel gaming establishments, live performing art centers, sporting organizations or arenas, vineyards or wineries;
2.4.3. Scenic or natural areas such as show caves or caverns;
2.4.4. Theme or Amusement Parks;
2.4.5. Zoos, Aquariums or Wild Animal Parks;
2.4.6. Recreational Activities, including but not limited to whitewater rafting, skiing and snow activities, mountain biking, hunting and fishing.
2.5. "Code" means the Code of West Virginia.
2.6. "Commission" means the Tourism Commission created pursuant to §5B-2-8 of the Code.
2.7. "Destination" means one of the following:
2.7.1. A region or area located within the state containing three or more attractions;
2.7.2. An independent activity located within the state;
2.7.3. A cultural or historic site or event which includes, but is not limited to, fairs or festivals, heritage and historic sites and museums;
2.7.4. Entertainment establishments which include, but are not limited to, pari-mutuel gaming establishments, live performing art centers, sporting organizations or arenas, vineyards or wineries;
2.7.5. Scenic or natural sites such as show caves or caverns;
2.7.6. Theme or Amusement Parks; or
2.7.7. Zoos, Aquariums or Wild Animal Parks;
2.8. "Destination Inn or Bed and Breakfast" means a lodging facility located within the state whose recognized reputation for service and amenities are the primary motivating factor for visitors to travel to the area where it is located.
2.9. "Division" means the Division of Tourism created pursuant to §5B-2-8 of the code.
2.10. "Fulfillment" means printed materials used to respond to an inquiry requesting additional information generated by direct advertising or printed materials provided to the division, a state park, the national park service or other government agency for direct advertising.
2.11. "Grant Period" means the twelve month period running from the beginning project date through the ending project date and any extensions granted by the commission pursuant to subdivision 8.4.3. of this rule.
2.12. "Independent Activity" means an entity or organization which attracts a minimum of eighty-five percent (85%) of its visitors from outside the local market and is at least one of the following:

2.12.1. An entity or organization which provides recreational activities including, but not limited to, whitewater rafting, skiing and snow activities, mountain biking, hunting and fishing, bus tours, dinner cruises and sightseeing tours;
2.12.2. A Resort;
2.12.3. A Destination Inn or Bed and Breakfast;
2.12.4. An entity or organization offering vacation rentals; or
2.12.5. Destination shopping.
2.13. "Local Market" means the geographic area within fifty (50) miles of a destination.
2.14. "Partner" means an entity or organization located within the state making a financial contribution toward the applicant's match requirement for an application for grant funds for a collaborative marketing program with a central advertising message directing tourists to a destination being represented by the applicant. The term "partner" may not include vendors that would be supplying services paid for out of grant funds.
2.15. "Resort" means a full-service lodging facility that is frequented for relaxation or recreational purposes and offers at least two amenities.
2.16. "Return on Investment" means the measure of a project's ability to use grant funds to generate additional value, including, but not limited to additional bookings and reservations.
2.17. "Total project cost" means the total of all proposed eligible expenditures contained within an application.
2.18. "Vacation Rental" means a lodging facility including chalets, cabins or condominiums. The term "vacation rental" may not include hotels or motels.";
On page two, subsection 3.2, following the word "destination" by striking "/attraction";
On page two, subsection 3.7, following the word "destination" by striking the words "or attraction";
On page four, subdivision 4.3.4., following the word "funding" and the period, by adding the following:
"Applications for projects that include repeat marketing efforts shall contain information demonstrating that such repeat marketing efforts are in addition to regular ongoing advertising activities.";
On page four, following subdivision 4.3.9. by adding the following:
"4.3.10. The project supports advertising activities that are over and above regular ongoing advertising activities.";
On page four, following section 144-1-5, by striking out all of section 144-1-6 and inserting in lieu thereof the following:
"§144-1-6. Eligible and ineligible expenditures of grant funds.
6.1.Grant funds may only be used to pay for eligible expenditures for direct advertising. Eligible expenses for direct advertising include, but are not limited to the following:
6.1.1. The costs of advertising on television, radio, or other telecommunications media, in newspapers, magazines or other print media, direct mail advertising, and outdoor advertising or any combination thereof;
6.1.2. The costs of purchasing and using mailing lists for direct mail promotions;
6.1.3. The costs for United States postage used for direct mail and fulfillment for direct advertising: Provided, That if bulk mail is appropriate, the applicant must use bulk mail and reimbursement will be limited to the bulk mail rate; and if bulk mail is not appropriate, reimbursement will be limited to the cost of United States mail first class postage;
6.1.4. The costs of printing travel related literature: Provided, That sixty percent (60%) of such literature is used as fulfillment for direct advertising within the approved application or approved request for modification of an approved application; or
6.1.5. Registration fees for consumer and trade shows: Provided, That the participation in such shows is for the purpose of attracting visitors to the state.
6.2. Eighty percent (80%) of a project's direct advertising must be directed toward areas outside of the local market or in major out-of-state markets, except for direct advertising for a fair or festival grant authorized by subsection 7.3 of this rule.
6.3. Notwithstanding the provisions of subsection 6.2 of this rule, all direct advertising in the form of billboards must be directed toward areas outside of the local market or in major out-of- state markets, except billboards for a fair or festival grant authorized by subsection 7.3 of this rule.
6.4. All direct advertising in the form of billboards must have a creative concept or layout approved by the Division in order for any of its cost to be considered an eligible expenditure.
6.5. Any direct advertising related to real estate must be for vacation rentals only. Any portion of direct advertising relating to the sale of real estate must be pro-rated. A creative concept must be submitted with any application or request for modification of an approved application for direct advertising relating to real estate. Advertisements for the sale of real estate in visitor guides and brochures must be grouped on a specific page or pages and those pages pro-rated from the grant at the time of the submission of the application. (Example: CVB X has a 32 page visitor guide and has determined that area realtors will take up 2 pages - CVB X must disclose this in its grant application and media breakout and the totals must request funding for only 30 pages.) No direct advertising for real estate sales or realty agencies are permitted within cooperative advertising, unless such ads are specifically and clearly delineated as vacation rentals only.
6.6. Direct advertising may be in the form of cooperative advertising which is advertising that represents a community, region, county, multi-county or statewide organization and may include tourism businesses or organizations that enhance the destination for which the grant is to cover. Cooperative advertising must be entirely directed toward areas outside the local market or in major out-of-state markets. All cooperative advertising must have a creative concept approved by the Division in order for any of its cost to be considered an eligible expenditure.
6.7. Eligible expenses may include production expenses for direct advertising in the media categories provided in this subsection. The total cost of such production expenses may not exceed fifteen (15%) of the total cost of the direct advertising and in no event may the total cost of such production expenses exceed $22,500, for any one of the following media categories:
6.7.1. Printed material, including the printing of direct mail and travel related literature;
6.7.2. Print media;
6.7.3. Television and radio; and
6.7.4. Billboards.
6.8. Grant funds may not be used to pay for ineligible expenditures. Ineligible expenditures include, but are not limited to the following:
6.8.1. Regular and ordinary business costs of the applicant including, but not limited to, supplies, personnel, phone, normal postage, distribution and shipping expenses or travel costs;
6.8.2. Any costs associated with preparation of the direct advertising grant application;
6.8.3. Costs for the rental or purchase of real estate;
6.8.4. Construction costs;
6.8.5. Costs of political or lobbying activities of any kind;
6.8.6. Membership fees or dues to any organization, or solicitation of membership to any organization through advertising within a grant program authorized by this rule;
6.8.7. Costs associated with the start up of any business or publication even if the business or publication may be totally or partially devoted to the promotion of tourism in the state;
6.8.8. The cost of purchase of audio/visual equipment;
6.8.9. Costs of alcoholic beverages;
6.8.10. Costs for any expenditure not identified in the application, unless the Commission grants prior approval in writing;
6.8.11. Costs of any public relations or research expense;
6.8.12. Costs for key rings, bumper stickers, mugs or any other similar promotional item;
6.8.13. Event production expenses, including costs for audio equipment, awards, entertainment, portable restrooms, labor or refreshments;
6.8.14. Costs relating to fund-raising activities;
6.8.15. Costs associated with retail advertising, except for destination shopping which is able to produce verification that said destination attracts a minimum of eighty-five (85%) of its visitors from outside the local market: Provided, That no retail advertising may include price point advertising;
6.8.16. Costs of Tourist Oriented Directional Signs (TODS) and logo signs for gas, food, lodging and camping;
6.8.17. Costs of sponsorships; or
6.8.18. Costs of items for resale.";
On page six, in the fourth line of section 7.2, following the word "exceed" by striking "2,500" and inserting in lieu thereof "7,500";
On page six, in the fourth line of section 7.2, following the word "applicant" by striking "in any given quarter as defined from time to time by the Division" and inserting in lieu thereof "and no applicant shall receive more than two grants per fiscal year";
On page six, in the seventh line of section 7.2, following the words "minimum of" by striking "50" and inserting in lieu thereof "25";
On page six, in the ninth line of section 7.2, following the word "exceed" by striking "750,000" and inserting in lieu thereof "2,000,000";
On page six, in the fourteenth line of section 7.2, following the word "date" and the period by inserting the following:
"No applicant who has received a grant larger than $7,500 in any fiscal year may apply for a small grant under this section during the same fiscal year: Provided, That a nonprofit entity may apply for and receive small grants even if it has received large grants in the same fiscal year."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 472), and there were--yeas 86, nays 11, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Carmichael, Hall, Lane, Louisos, Schoen, Sobonya, Stevens, Sumner and Walters.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4210) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 473), and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Frich, Louisos, Stevens, and Walters.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4210) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
Com. Sub. for H. B. 4444, Permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1A. DIVISION OF FORESTRY.
§19-1A-3a. Providing criminal penalties for the illegal possession of uncertified ginseng.
(a) (1) The Legislature finds that ginseng trade must be controlled in order to protect the survival of wild ginseng as evidenced by its listing in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. It is the policy of this state to regulate the commerce in ginseng in a manner that protects the survival of wild ginseng.
(2) For purposes of this section:
~~(i)~~ (A) 'Certified' means the ginseng carries a certificate of origin issued by the director which allows the export from West Virginia of ginseng legally harvested in this state;
~~(ii)~~ (B) 'Commercial use' means to sell or to use ginseng for financial gain;
~~(iii)~~ (C) 'Cultivated ginseng' means ginseng that is purposefully planted in beds under artificial shade using standard horticultural practices such as mechanical tillage, fertilization, weed control, irrigation and pesticides;
~~(iv)~~ (D) 'Dealer' means a person who purchases ginseng for purposes of commercial use;
~~(v)~~ (E) 'Digger' means a person who digs, collects or gathers wild ginseng by searching woodlands to find the plants;
~~(vi)~~ (F) 'Director' means the Director of the Division of Forestry;
~~(vii)~~ (G) 'Division' means the Division of Forestry;
~~(viii)~~ (H) 'Export' means the movement of ginseng from state to state as well as sending it abroad;
~~(ix)~~ (I) 'Ginseng' means cultivated ginseng, woods grown ginseng, wild simulated ginseng and wild ginseng;
~~(x)~~ (J) 'Green ginseng' means a fresh wild ginseng root that has not been intentionally subjected to a drying process and from which most natural moisture has not been removed by drying.
~~(xi)~~ (K) 'Grower' means a person who purposefully plants and grows cultivated ginseng, woods grown ginseng or wild simulated ginseng for purposes of commercial use: Provided, That a grower does not include a digger who plants wild ginseng seed from the wild ginseng plants he or she digs, collects or gathers;
~~(xii)~~ (L) 'Harvest' means to dig, collect or gather ginseng;
~~(xiii)~~ (M) 'Person' means an individual, corporation, partnership, firm or association;
~~(xiv)~~ (N) 'Rootlets' means woods grown or wild simulated one to two-year old ginseng roots commonly sold as transplants to growers;
~~(xv)~~ (O) 'Wild ginseng' means Panax quinquefolius L. that is not grown or nurtured by a person regardless of the putative origin of the plants: Provided, That wild ginseng may originate from seeds planted by a digger at the same site from which the digger harvests the wild ginseng;
~~(xvi)~~ (P) 'Wild simulated ginseng' means ginseng that is purposefully planted in the woods without a bed being prepared and without the use of any chemical weed, disease or pest control agents;
~~(xvii)~~ (Q) 'Woods grown ginseng' means ginseng that is purposefully planted in beds prepared in the woods in a manner that uses trees to provide necessary shade and which may be grown with the use of chemical or mechanical weed, disease or pest control agents.
(3) ~~(i)~~ (A) The Division of Forestry shall regulate the growing, digging, collecting, gathering, possessing and selling of ginseng.
~~(ii)~~ (B) The division may propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement the provisions of this section including the amount of any permit fee.
~~(iii)~~ (C) For purposes of regulating the growing, harvesting and commercial use of ginseng, a division employee may enter upon any public or private property, other than a dwelling house, at reasonable times, in order to inspect the ginseng operation or records. No A person may not obstruct or hinder the employee in the discharge of his or her enforcement duties.
~~(iv)~~ (D) All moneys received from permit fees and civil penalties assessed pursuant to this section shall be credited to the special account within the Division of Forestry to be used for the purposes set forth in section three of this article.
~~(v)~~ (E) The site plats required to be submitted to the division and other information identifying the specific location of ginseng plants are not open to public inspection pursuant to article one, chapter twenty-nine-b of this code since they disclose information having a significant commercial value.
(b) (1) The digging season for wild ginseng begins on the first day of September and ends on the thirtieth day of November of each year. It is unlawful for a person to dig, collect, or gather wild ginseng between the first day of December and the thirty-first day of August of the following year.
(2) A person digging, collecting, or gathering wild ginseng upon the enclosed or posted lands of another person shall first obtain written permission from the landowner, tenant or agent, and shall carry the written permission on his or her person while digging, collecting or gathering wild ginseng upon the enclosed or posted lands. It is unlawful to dig, collect, or gather wild ginseng from the property of another without the written permission of the landowner.
(3) A person digging, collecting or gathering wild ginseng shall plant the seeds from the wild ginseng plants at the time and at the site from which the wild ginseng is harvested. It is unlawful to remove wild ginseng seeds from the site of collection.
(4) It is unlawful to dig, collect or gather wild ginseng less than five years old.
(5) No A person may not rescue wild ginseng plants endangered by ground-disturbing activities unless he or she has first obtained a moving permit from the division. The person shall provide the reason for moving the plants, the current location of the plants, the proposed new planting site and other information required by the division.
(6) It is unlawful to plant ginseng or ginseng seed and to dig, collect or gather ginseng on West Virginia public lands, except by land grant university researchers performing research or demonstration projects regarding the growing, cultivating or harvesting of ginseng: Provided, That it is unlawful for anyone to plant ginseng or ginseng seed and to dig, collect, or gather ginseng on state wildlife management areas or on state parks.
(c) (1) No A person may not act as a grower unless he or she has obtained a grower's permit from the division.
(2) Prior to planting cultivated, woods grown or wild simulated ginseng, a grower shall:
~~(i)~~ (A) Submit to the director a plat of the exact planting location prepared by a licensed surveyor or a registered forester as defined in article nineteen, chapter thirty of this code, along with information verifying the name of the landowner: Provided, That if the grower is not the landowner, the grower shall also submit written permission from the landowner to grow and harvest cultivated, woods grown or wild simulated ginseng on that property.
~~(ii)~~ (B) Obtain a written determination from the director certifying that the planting area is free from wild ginseng; and
~~(iii)~~ (C) Submit other information required by the division.
(3) A grower shall keep accurate and complete records on each ginseng planting on forms provided by the division. The records shall be available for inspection by a division employee and shall be submitted to the division at intervals established by rule by the division. A grower shall maintain records for a period of not less than ten years. The information required to be kept shall include:
~~(i)~~ (A) The origin of ginseng seed, rootlets or plants;
~~(ii)~~ (B) The location of purposefully planted cultivated, wild simulated and woods grown ginseng and a site plat of the planting;
~~(iii)~~ (C) The original of the director's determination that the site was free from wild ginseng at the time of planting;
~~(iv)~~ (D) The date each site was planted;
~~(v)~~ (E) The number of pounds of seeds planted, or the number and age of rootlets, or both; and
~~(vi)~~ (F) Other information required by the division.
(4) A grower may harvest cultivated ginseng on or after the effective date of this section throughout the year.
(5) A grower may harvest wild simulated and woods grown ginseng from the first day of September through the thirtieth day of November of each year.
(6) It is unlawful for a person to dig, collect or gather wild simulated and woods grown ginseng between the first day of December and the thirty-first day of August.
(7) It is unlawful to dig, collect and gather wild simulated and woods grown ginseng less than five years old.
(8) A grower shall comply with the certification procedures set forth in subdivision (f) of this section.
(9) For planting locations in existence prior to the first day of July, two thousand five, provide proof of having purchased ginseng seed, rootlets, or plants for planting for a minimum of one or more of the five years immediately prior to the first day of July, two thousand five, and sign a certification that to the best of his or her knowledge, no wild ginseng existed on the site at the time the ginseng was planted: Provided, That no grower may certify a planting location in existence prior to the first day of July, two thousand and five under this provision after the thirty-first day of December, two thousand nine.
(d) (1) No A person may not act as a dealer unless he or she has obtained a dealer's permit from the division.
(2) A dealer shall keep accurate and complete records on his or her ginseng transactions on forms provided by the division. A dealer is required to maintain a record of all persons, including a digger, grower and dealer, involved in each purchase or sale transaction and shall include the name, address, permit number, and a copy of each ginseng certification issued by the division. All records shall be available for inspection by a division employee. A dealer shall maintain records for a period of not less than ten years. In addition, a dealer is required to report the following information to the division monthly:
~~(i)~~ (A) The date of the transaction;
~~(ii)~~ (B) The type of ginseng, whether wild, cultivated, woods grown or wild simulated ginseng;
~~(iii)~~ (C) Whether the ginseng is dried or green at the time of the transaction;
~~(iv)~~ (D) The weight of the ginseng;
~~(v)~~ (E) The county from which the ginseng was harvested;
~~(vi)~~ (F) The identification number from the state ginseng certification; and
~~(vii)~~ (G) Other information required by the division.
(3) A dealer shall include a West Virginia export certificate, numbered by the division, with each shipment of ginseng transported out-of-state.
(4) No A dealer may not import out-of-state ginseng into this state unless the ginseng is accompanied by a valid export certificate issued by the state of origin. A dealer must return uncertified ginseng to the state of origin within fifteen calendar days.
(5) It is unlawful to include false information on any certificate or record required to be completed or maintained by this section. All ginseng harvested in West Virginia must be certified by the director before being transported or shipped out-of-state.
(e) (1) No A person may not ~~dig wild ginseng, or~~ act as a grower, or act as a dealer unless he or she has been issued the appropriate permit by the division. A person must obtain a separate permit for each activity. Permit applications shall be made on forms provided by the division. The application for a permit shall be accompanied by the applicable permit fee. The division shall assign a permit number to each person granted a permit and it shall keep records of the permits issued.
(2) Permits expire on the thirty-first day of December of each year for growers and the thirty- first day of August of each year for dealers. ~~and~~ All permits must be renewed annually. Renewal forms will be mailed to current permit holders. The failure to receive a renewal form does not relieve the permit holder of the obligation to renew. The division may require a late fee when renewal is received more than sixty days after the expiration of the current permit.
(3) The permit holder shall notify the division of any changes in the information on the permit.
(f) ~~(1)~~ All ginseng harvested in this state shall be certified as to type, whether wild, cultivated, woods grown or wild simulated, and to its origin, weight and lawful harvest. Other information may be required for ginseng to be certified by the division to comply with the Convention on International Trade in Endangered Species of Wild Fauna and Flora to allow for its export: Provided, That live one and two-year old cultivated, woods grown or wild simulated rootlets sold by growers for propagation purposes within the United States are not regarded as harvested and are exempt from the certification requirement. All ginseng, except cultivated ginseng, must be certified or weight receipted by the first day of April of the year following harvest: Provided, however, That no ginseng may be certified between the first day of January through the thirty-first day of March unless the person requesting certification displays a valid permit. It is unlawful for a person to have in his or her possession uncertified wild ginseng from the first day of April through the thirty-first day of August.
~~(2)~~ (g) The director shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code designed to implement the ginseng certification process.
~~(g)~~ ~~(1)~~ (h) The division may, by order entered in accordance with the provisions of article five, chapter twenty-nine-a, deny, suspend or revoke the permit of a grower or dealer and may invalidate an export certificate completed by a dealer when the division finds that a grower or dealer has violated any provision of this section or a legislatively approved rule.
~~(2)~~ (i) The division may assess a civil penalty against a person who violates any provision of this section or a provision of a legislatively approved rule. The division may assess a monetary penalty of not less than one hundred dollars nor more than five hundred dollars.
~~(h) (1)~~ (j) Any person violating a provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars for the first offense, and for each subsequent offense, shall be fined not less than five hundred dollars nor more than one thousand dollars, or confined in jail not more than six months, or both. The court, in imposing the sentence of a person convicted of an offense under this section, shall order the person to forfeit all ginseng involved in the offense.
~~(2)~~ (k) It is the duty of the prosecuting attorney of the county in which the violation occurred to represent the division, to institute proceedings, and to prosecute the person charged with the violation."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4444 - "A Bill to amend and reenact §19-1A-3a of the Code of West Virginia, 1931, as amended, relating to permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands; prohibiting cultivation on state parks or wildlife management areas; providing exceptions to the permit requirements for growing and digging ginseng; allowing for certification of existing ginseng plantings; and establishing an annual expiration date for ginseng dealer permits."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments with further amendment.
On page five, section three-a, line nineteen, after the word, "ginseng" by inserting a period and striking out the remainder of the paragraph.
The bill, as amended by the Senate and further amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 474), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Argento.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4444) passed.
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
Com. Sub. for H. B. 4453, Clarifying the powers and duties of conservation officers as it relates to searches and seizures,
The following Senate amendment was reported by the Clerk:
On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-4. Powers and duties of conservation officers.
(a) Conservation officers and ~~all~~ other persons authorized to enforce the provisions of this chapter ~~shall be~~ are under the supervision and direction of the director in the performance of their duties. ~~as herein provided The authority, powers and duties of the conservation officers shall be~~
(b) Conservation officers have statewide jurisdiction and ~~they shall~~ have authority to:
(1) Arrest on sight, without warrant or other court process, any person or persons committing a criminal offense in violation of ~~any of~~ the laws of this state, in the presence of ~~such~~ the officer, but no ~~such~~ arrest ~~shall~~ may be made where any form of administrative procedure is prescribed by this chapter for the enforcement of ~~any of the particular~~ the provisions ~~contained herein~~ of this chapter;
(2) Carry such arms and weapons as may be prescribed by the director in the course and performance of their duties, but no license or other authorization shall be required ~~of such officers~~ for this privilege;
(3) Search and examine, in the manner provided by law, any boat, vehicle, automobile, conveyance, express or railroad car, fish box, fish bucket or creel, game bag or game coat or ~~any~~ other place in which hunting and fishing paraphernalia, wild animals, wild birds, fish, amphibians or other forms of aquatic life could be concealed, packed or conveyed whenever they have reason to believe that they would thereby secure or discover evidence of the violation of ~~any~~ the provisions of this chapter;
(4) Execute and serve ~~any~~ a search warrant, notice or ~~any~~ other process of law issued under the authority of this chapter or ~~any~~ other law relating to wildlife, forests, and all other natural resources, by a magistrate or ~~any~~ court having jurisdiction ~~thereof,~~ in the same manner, with the same authority and with the same legal effect as ~~any~~ a sheriff; ~~can serve or execute such warrant, notice or process~~
(5) Require the operator of any motor vehicle or other conveyance on or about the public highways or roadways, or in or near the fields and streams of this state, to stop for the purpose of allowing ~~such~~ the conservation officers to conduct game-kill surveys;
(6) Summon aid in making arrests or seizures or in executing ~~any~~ warrants, notices or processes, ~~and they shall have~~ in the same ~~rights and powers~~ manner as sheriffs; ~~have in their respective counties in so doing~~
(7) Enter private lands or waters within the state while engaged in the performance of their official duties; ~~hereunder~~
(8) Arrest on sight, without warrant or other court process, subject to the limitations set forth in subdivision (1) of this section, any person or persons committing a criminal offense in violation of any law of this state in the presence of ~~any such~~ the officer on any state-owned lands and waters and lands and waters under lease by the Division of Natural Resources and all national forest lands, waters and parks and U.S. Corps of Army Engineers' properties within the boundaries of the State of West Virginia and, in addition to ~~any~~ the authority conferred in ~~the~~ other subdivisions of this section, execute all arrest warrants ~~of arrest~~ on ~~such~~ these state and national lands, waters and parks and U.S. Corps of Army Engineers' properties, consistent with the provisions of article one, chapter sixty-two of this code;
(9) Arrest any person who enters upon the land or premises of another without written permission from the owner of the land or premises in order to cut, damage or carry away, or cause to be cut, damaged or carried away, any timber, trees, logs, posts, fruit, nuts, growing plants or products of any growing plant. Any person convicted of ~~the foregoing~~ cutting, damaging or carrying away or causing to be cut, damaged or carried away any timber, trees, logs, posts, fruits, nuts, growing plants or products of growing plants ~~shall be~~ is liable to the owner in the amount of three times the value of the timber, trees, logs, posts, fruit, nuts, growing plants or products of any growing plant, ~~which shall be~~ in addition to and notwithstanding any other penalties by law provided by section thirteen, article three, chapter sixty-one of this code; ~~and~~
(10) Make a complaint in writing before any court or officer having jurisdiction, and procure and execute the warrant, when the officer knows or has reason to believe that a person has violated a law of this state. The actions of the conservation officer have the same force and effect as if made by a sheriff;
(11) Serve and execute warrants for the arrest of any person and warrants for the search of any premises, buildings, properties or conveyances issued by a properly constituted authority in the same manner, with the same authority, and with the same legal effect, as a sheriff; and
~~(10)~~ (12) Do all things necessary to carry into effect the provisions of this chapter."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 475), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Lane and Porter.
Absent And Not Voting: Beach, Brown, Craig, Ferrell and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4453) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
Com. Sub. for H. B. 4454, Relating to wages withheld from an employee.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk.
On page three, section four, line twenty-five, after the word "amount" by inserting the words "which was unpaid when".
On page three, section four, line twenty-six, after the word "employee" by inserting the word "for".
On page three, section four, line thirty, after the word "that" by inserting the word "unpaid".
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4454 - "A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to wages withheld from an employee; and providing that liquidated damages will equal three times the amount of wages unpaid when due."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 476), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4454) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
H. B. 4470, Updating the definition of "medicare supplement policy".
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk.
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-3d. Medicare supplement insurance.
(a) Definitions. --
(1) 'Applicant' means, in the case of a group medicare supplement policy or subscriber contract, the proposed certificate holder.
(2) 'Certificate' means, for the purposes of this section, any certificate issued under a group medicare supplement policy, which policy has been delivered or issued for delivery in this state.
(3) 'Medicare supplement policy' means a group or individual policy of accident and sickness insurance or a subscriber contract (of hospital and medical service corporations or health maintenance organizations), other than a policy issued pursuant to a contract under Section 1876 ~~or 1833~~ of the federal Social Security Act (42 U.S.C. ~~Sections~~ §1395, et seq.) or an issued policy under a demonstration project ~~authorized~~ specified pursuant to amendments to the federal Social Security Act in 42 U.S.C. §1395ss(g)(1), which is advertised, marketed or designed primarily as a supplement to reimbursements under medicare for the hospital, medical or surgical expenses of persons eligible for medicare. Such term does not include:
(A) A policy or contract of one or more employers or labor organizations, or of the trustees of a fund established by one or more employers or labor organizations, or a combination thereof, for employees or former employees, or combination thereof, or for members or former members, or combination thereof, of the labor organizations;
(B) A policy or contract of any professional, trade or occupational association for its members or former or retired members, or combination thereof, if such association is composed of individuals all of whom are actively engaged in the same profession, trade or occupation; has been maintained in good faith for purposes other than obtaining insurance; and has been in existence for at least two years prior to the date of its initial offering of such policy or plan to its members; or
(C) Individual policies or contracts issued pursuant to a conversion privilege under a policy or contract of group or individual insurance when such group or individual policy or contract includes provisions which are inconsistent with the requirements of this section. Medicare advantage plans established under medicare part C, outpatient prescription drug plans established under medicare part D, or any health care prepayment plan (HCPP) that provides benefits pursuant to an agreement under Section 1833(a)(1)(A) of the Social Security Act.
(4) 'Medicare' means the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as then constituted or later amended.
(b) Standards for policy provisions. --
(1) The commissioner shall issue reasonable rules to establish specific standards for policy provisions of medicare supplement policies. Such standards shall be in addition to and in accordance with the applicable laws of this state and may cover, but shall not be limited to:
(A) Terms of renewability;
(B) Initial and subsequent conditions of eligibility;
(C) Nonduplication of coverage;
(D) Probationary period;
(E) Benefit limitations, exceptions and reductions;
(F) Elimination period;
(G) Requirements for replacement;
(H) Recurrent conditions; and
(I) Definitions of terms.
(2) The commissioner may issue reasonable rules that specify prohibited policy provisions not otherwise specifically authorized by statute which, in the opinion of the commissioner, are unjust, unfair or unfairly discriminatory to any person insured or proposed for coverage under a medicare supplement policy.
(3) Notwithstanding any other provisions of the law, a medicare supplement policy may not deny a claim for losses incurred more than six months from the effective date of coverage for a preexisting condition. The policy may not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician within six months before the effective date of coverage.
(c) Minimum standards for benefits. -- The commissioner shall issue reasonable rules to establish minimum standards for benefits under medicare supplement policies.
(d) Loss ratio standards. -- Medicare supplement policies shall be expected to return to policyholders benefits which are reasonable in relation to the premium charge. The commissioner shall issue reasonable rules to establish minimum standards for loss ratios and for medicare supplement policies on the basis of incurred claims experience and earned premiums for the entire period for which rates are computed to provide coverage and in accordance with accepted actuarial principles and practices. For purposes of rules issued pursuant to this subsection, medicare supplement policies issued as a result of solicitations of individuals through the mail or mass media advertising, including both print and broadcast advertising, shall be treated as individual policies.
(e) Disclosure standards. --
(1) In order to provide for full and fair disclosure in the sale of accident and sickness policies, to persons eligible for medicare, the commissioner may require by rule that no policy of accident and sickness insurance may be issued for delivery in this state and no certificate may be delivered pursuant to such a policy unless an outline of coverage is delivered to the applicant at the time application is made.
(2) The commissioner shall prescribe the format and content of the outline of coverage required by subdivision (1) above. For purposes of this subdivision, 'format' means style, arrangements and overall appearance, including such items as size, color and prominence of type and the arrangement of text and captions. Such outline of coverage shall include:
(A) A description of the principal benefits and coverage provided in the policy;
(B) A statement of the exceptions, reductions and limitations contained in the policy;
(C) A statement of the renewal provisions including any reservation by the insurer of the right to change premiums and disclosure of the existence of any automatic renewal premium increases based on the policyholder's age;
(D) A statement that the outline of coverage is a summary of the policy issued or applied for and that the policy should be consulted to determine governing contractual provisions.
(3) The commissioner may prescribe by rule a standard form and the contents of an informational brochure for persons eligible for medicare, which is intended to improve the buyer's ability to select the most appropriate coverage and improve the buyer's understanding of medicare. Except in the case of direct response insurance policies, the commissioner may require by rule that the information brochure be provided to any prospective insureds eligible for medicare concurrently with delivery of the outline of coverage. With respect to direct response insurance policies, the commissioner may require by rule that the prescribed brochure be provided upon request to any prospective insureds eligible for medicare, but in no event later than the time of policy delivery.
(4) The commissioner may further promulgate reasonable rules to govern the full and fair disclosure of the information in connection with the replacement of accident and sickness policies, subscriber contracts or certificates by persons eligible for medicare.
(f) Notice of free examination. -- Medicare supplement policies or certificates, other than those issued pursuant to direct response solicitation, shall have a notice prominently printed on the first page of the policy or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within thirty days from its delivery and have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason. Any refund made pursuant to this section shall be paid directly to the applicant by the issuer in a timely manner. Medicare supplement policies or certificates issued pursuant to a direct response solicitation to persons eligible for medicare shall have a notice prominently printed on the first page or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within thirty days of its delivery and to have the premium refunded if, after examination, the applicant is not satisfied for any reason. Any refund made pursuant to this section shall be paid directly to the applicant by the issuer in a timely manner.
(g) Administrative procedures. -- Rules promulgated pursuant to this section shall be subject to the provisions of chapter twenty-nine-a (the West Virginia Administrative Procedures Act) of this code.
(h) Severability. -- If any provision of this section or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the section and the application of such provision to other persons or circumstances shall not be affected thereby."
And,
By amending the title of the bill to read as follows:
H. B. 4470 - "A Bill to amend and reenact §33-16-3d of the Code of West Virginia, 1931, as amended, relating to group accident and sickness insurance; and updating the definition of medicare supplement policy."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 477), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4470) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
H. B. 4479, Relating to Manufactured Housing Construction and Safety Standards.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page six, section ten, line twenty-eight, after the word "section." by inserting the following:
"The assets of the fund may be invested and reinvested by the board in accordance with applicable law. Interest revenues derived from the fund shall be used solely to maintain the fund."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 478), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Lane, Sobonya, Stevens and Sumner.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4479) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 479), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Butcher and Stevens.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4479) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
Com. Sub. for H. B. 4513, Permitting insurance fraud investigators to present criminal complaints directly to a magistrate and to extend the statute of limitations for certain insurance related misdemeanors to three years.
On motion of Delegate Staton, the bill was then laid over.
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
H. B. 4679, Relating to qualified charitable gift annuities.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk.
On page three, section three, lines seven through nine, by striking out the words "chapter twenty-six-a of this code or by any other guaranty association established in chapter thirty-three of" and inserting in lieu thereof the words "article twenty-six-a of this chapter or by any other guaranty association established by".
On page four, section five, lines one and two, by striking out the words "four or five" and inserting in lieu thereof the words "three or four".
And,
By amending the title of the bill to read as follows:
H. B. 4679 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-13B-l, §33-13B-2, §33-13B-3, §33-13B-4, §33-13B-5 and §33- 13B-6, all relating to qualified charitable gift annuities; providing definitions; declaring issuance of certain annuities not business of insurance; requiring certain notices by issuers; and providing criminal penalties."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 480), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4679) passed.
H. R. 31, Acknowledging the dedicated service of West Virginia's Family Physicians to the Legislature on the 17th anniversary of the "Doc for a Day Program"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
H. C. R. 19, Designating the Mighty Wurlitzer Theater Pipe Organ, located in Huntington, West Virginia, as the official theater pipe organ of West Virginia,
H. C. R. 69, Frank "Gunner" Gatski Memorial Bridge,
And,
H. C. R. 92, Interim study on the conflict between the statutory standards and requirements governing the practice of medicine and related health care occupations.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading
Com. Sub. for S. B. 107, Relating to venue for certain suits against state; on third reading, coming up in regular order, with the right to amend, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 481), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 107) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 127, Relating to regional education service agencies; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §18-2-15a of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18-9A-8a of said code be amended and reenacted, all to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-15a. Comprehensive study of regional education service agencies.
(a) The state superintendent shall conduct a comprehensive study of the programs, governance and administration of the regional education service agencies established pursuant to section twenty-six of this article.
(b) The study shall include, but is not limited to, the following:
(1) The general structure and specific processes for governance and oversight of the Regional Education Service Agencies to ensure efficiency of operations and accountability in the areas of:
(A) Financial integrity, oversight and accountability;
(B) Fiscal oversight of budgeting, salaries, benefits and employment;
(C) Service delivery in priority areas including, but not limited to, (i) the types, cost, convenience and results of in-service training programs and other efforts to assist low performing schools and school systems and (ii) the costs and turnaround time of computer repair services; and
(D) The costs and benefits of other services provided to the respective members counties;
(2) Areas of needed improvements, including any existing limitations or hindrances to improvement;
(3) The powers and duties of state board and state superintendent relating to regional education service agencies;
(4) The qualifications and procedures for selection of agency executive directors;
(5) The selection and supervision of agency staff;
(6) Development of agency budget;
(7) Oversight of agency purchasing and auditing procedures;
(8) Development of programs and delivery of services; and
(9) Procedures to ensure fiscal and programmatic accountability.
(c) The state superintendent shall report findings generated by the study, together with recommendations and any legislation necessary to effectuate the recommendations, to the Legislative Oversight Commission on Education Accountability by the first day of December, two thousand six.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-8a. Foundation allowance for regional education service agencies.
For the fiscal year beginning on the first day of July, ~~one thousand nine hundred ninety-one~~ two thousand seven, and for each fiscal year thereafter, the foundation allowance for regional education service agencies shall be equal to sixty-three one-hundredths percent of the allocation for professional educators as determined in section four of this article, but not more than four million two hundred thousand dollars. ~~Provided~~, That for the fiscal year beginning on the first day of July, one thousand nine hundred ninety-four only, the foundation allowance for regional educational service agencies shall be at least equal to fifty-five one-hundredths percent of the allocation for professional educators as determined in section four of this article The allowance shall be distributed to the regional education service agencies in accordance with rules adopted by the state board. The allowance for regional education service agencies shall be excluded from the computation of total basic state aid as provided ~~for~~ in section twelve of this article."
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 482), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 127) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 166, Restructuring Parole Board; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page three, section twelve, line thirteen, after the word "district.", by inserting a new sentence to read, "No more than two members of the board may reside in any one county."
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 483), and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Howard, Louisos and Walters.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 166) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 173, Relating to public employees preretirement death benefits; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §5-10-14, §5-10-27 and §5-10-48 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-14. Service credit; retroactive provisions.
(a) The board of trustees shall credit each member with the prior service and contributing service to which he or she is entitled based upon rules adopted by the board of trustees and based upon the following:
(1) In no event may less than ten days of service rendered by a member in any calendar month be credited as a month of service: Provided, That for employees of the state Legislature whose term of employment is otherwise classified as temporary and who are employed to perform services required by the Legislature for its regular sessions or during the interim between regular sessions and who have been or are so employed during regular sessions or during the interim between regular sessions in seven consecutive calendar years, service credit of one month shall be awarded for each ten days employed in the interim between regular sessions, which interim days shall be cumulatively calculated so that any ten days, regardless of calendar month or year, shall be calculated toward any award of one month of service credit;
(2) Except for hourly employees, ten or more months of service credit earned in any calendar year shall be credited as a year of service: Provided, That no more than one year of service may be credited to any member for all service rendered by him or her in any calendar year and no days may be carried over by a member from one calendar year to another calendar year where the member has received a full-year credit for that year; and
(3) Service may be credited to a member who was employed by a political subdivision if his or her employment occurred within a period of thirty years immediately preceding the date the political subdivision became a participating public employer.
(b) The board of trustees shall grant service credit to employees of boards of health, the clerk of the House of Delegates and the clerk of the state Senate, or to any former and present member of the state teachers retirement system who have been contributing members for more than three years, for service previously credited by the state teachers retirement system and shall require the transfer of the member's contributions to the system and shall also require a deposit, with interest, of any withdrawals of contributions any time prior to the member's retirement. Repayment of withdrawals shall be as directed by the board of trustees.
(c) Court reporters who are acting in an official capacity, although paid by funds other than the county commission or state auditor, may receive prior service credit for time served in that capacity.
(d) Active members who previously worked in CETA (Comprehensive Employment and Training Act) may receive service credit for time served in that capacity: Provided, That in order to receive service credit under the provisions of this subsection the following conditions must be met: (1) The member must have moved from temporary employment with the participating employer to permanent full-time employment with the participating employer within one hundred twenty days following the termination of the member's CETA employment; (2) the board must receive evidence that establishes to a reasonable degree of certainty as determined by the board that the member previously worked in CETA; and (3) the member shall pay to the board an amount equal to the employer and employee contribution plus interest at the amount set by the board for the amount of service credit sought pursuant to this subsection: Provided, however, That the maximum service credit that may be obtained under the provisions of this subsection is two years: Provided further, That a member must apply and pay for the service credit allowed under this subsection and provide all necessary documentation by the thirty-first day of March, two thousand three: And provided further, That the board shall exercise due diligence to notify affected employees of the provisions of this subsection.
(e)(1) Employees of the state Legislature whose terms of employment are otherwise classified as temporary and who are employed to perform services required by the Legislature for its regular sessions or during the interim time between regular sessions shall receive service credit for the time served in that capacity in accordance with the following. For purposes of this section, the term 'regular session' means day one through day sixty of a sixty-day legislative session or day one through day thirty of a thirty-day legislative session. Employees of the state Legislature whose term of employment is otherwise classified as temporary and who are employed to perform services required by the Legislature for its regular sessions or during the interim time between regular sessions and who have been or are employed during regular sessions or during the interim time between regular sessions in seven consecutive calendar years, as certified by the clerk of the houses in which the employee served, shall receive service credit of six months for all regular sessions served, as certified by the clerk of the houses in which the employee served, or shall receive service credit of three months for each regular thirty-day session served prior to one thousand nine hundred seventy-one: Provided, That employees of the state Legislature whose term of employment is otherwise classified as temporary and who are employed to perform services required by the Legislature for its regular sessions and who have been or are employed during the regular sessions in thirteen consecutive calendar years as either temporary employees or full-time employees or a combination thereof, as certified by the clerk of the houses in which the employee served, shall receive a service credit of twelve months for each regular session served, as certified by the clerk of the houses in which the employee served: Provided, however, That the amendments made to this subsection during the two thousand two regular session of the Legislature only apply to employees of the Legislature who are employed by the Legislature as either temporary employees or full-time employees as of the first day of January, two thousand two or who become employed by the Legislature as temporary or full-time employees for the first time after the first day of January, two thousand two. Employees of the state Legislature whose terms of employment are otherwise classified as temporary and who are employed to perform services required by the Legislature during the interim time between regular sessions shall receive service credit of one month for each ten days served during the interim between regular sessions, which interim days shall be cumulatively calculated so that any ten days, regardless of calendar month or year, shall be calculated toward any award of one month of service credit: Provided further, That no more than one year of service may be credited to any temporary legislative employee for all service rendered by that employee in any calendar year and no days may be carried over by a temporary legislative employee from one calendar year to another calendar year where the member has received a full year credit for that year. Service credit awarded for legislative employment pursuant to this section shall be used for the purpose of calculating that member's retirement annuity, pursuant to section twenty-two of this article, and determining eligibility as it relates to credited service, notwithstanding any other provision of this section. Certification of employment for a complete legislative session and for interim days shall be determined by the clerk of the houses in which the employee served, based upon employment records. Service of fifty-five days of a regular session constitutes an absolute presumption of service for a complete legislative session and service of twenty-seven days of a thirty-day regular session occurring prior to one thousand nine hundred seventy-one constitutes an absolute presumption of service for a complete legislative session. Once a legislative employee has been employed during regular sessions for seven consecutive years or has become a full-time employee of the Legislature, that employee shall receive the service credit provided in this section for all regular and interim sessions and interim days worked by that employee, as certified by the clerk of the houses in which the employee served, regardless of when the session or interim legislative employment occurred: And provided further, That regular session legislative employment for seven consecutive years may be served in either or both houses of the Legislature.
(e)(2) For purposes of this section, employees of the Joint Committee on Government and Finance are entitled to the same benefits as employees of the House of Delegates or the Senate: Provided, That for Joint Committee employees whose terms of employment are otherwise classified as temporary, employment in preparation for regular sessions, certified by the Legislative Manager as required by the Legislature for its regular sessions, shall be considered the same as employment during regular sessions to meet service credit requirements for sessions served.
(f) Any employee may purchase retroactive service credit for periods of employment in which contributions were not deducted from the employee's pay. In the purchase of service credit for employment prior to the year one thousand nine hundred eighty-nine in any department, including the Legislature, which operated from the general revenue fund and which was not expressly excluded from budget appropriations in which blanket appropriations were made for the state's share of public employees' retirement coverage in the years prior to the year one thousand nine hundred eighty-nine, the employee shall pay the employee's share. Other employees shall pay the state's share and the employee's share to purchase retroactive service credit. Where an employee purchases service credit for employment which occurred after the year one thousand nine hundred eighty-eight, that employee shall pay for the employee's share and the employer shall pay its share for the purchase of retroactive service credit: Provided, That no legislative employee and no current or former member of the Legislature may be required to pay any interest or penalty upon the purchase of retroactive service credit in accordance with the provisions of this section where the employee was not eligible to become a member during the years for which he or she is purchasing retroactive credit ~~for~~ or had the employee attempted to contribute to the system during the years for which he or she is purchasing retroactive service credit ~~for~~ and such contributions would have been refused by the board: Provided, however, That a legislative employee purchasing retroactive credit under this section does so within twenty-four months of becoming a member of the system or no later than the last day of December, two thousand ~~five~~ eight, whichever occurs last: Provided further, That once a legislative employee becomes a member of the retirement system, he or she may purchase retroactive service credit for any time he or she was employed by the Legislature and did not receive service credit. Any service credit purchased shall be credited as six months for each sixty-day session worked, three months for each thirty-day session worked or twelve months for each sixty-day session for legislative employees who have been employed during regular sessions in thirteen consecutive calendar years, as certified by the clerk of the houses in which the employee served, and credit for interim employment as provided in this subsection: And provided further, That this legislative service credit shall also be used for months of service in order to meet the sixty- month requirement for the payments of a temporary legislative employee member's retirement annuity: And provided further, That no legislative employee may be required to pay for any service credit beyond the actual time he or she worked regardless of the service credit which is credited to him or her pursuant to this section: And provided further, That any legislative employee may request a recalculation of his or her credited service to comply with the provisions of this section at any time.
(g)(1) Notwithstanding any provision to the contrary, the seven consecutive calendar years requirement and the thirteen consecutive calendar years requirement and the service credit requirements set forth in this section shall be applied retroactively to all periods of legislative employment prior to the passage of this section, including any periods of legislative employment occurring before the seven consecutive and thirteen consecutive calendar years referenced in this section: Provided, That the employee has not retired prior to the effective date of the amendments made to this section in the two thousand two regular session of the Legislature.
(2) The requirement of seven consecutive years and the requirement of thirteen consecutive years apply retroactively to all legislative employment prior to the effective date of the two thousand six amendments to this section.
(h) The board of trustees shall grant service credit to any former or present member of the state police death, disability and retirement fund who has been a contributing member of this system for more than three years for service previously credited by the state police death, disability and retirement fund if the member transfers all of his or her contributions to the state police death, disability and retirement fund to the system created in this article, including repayment of any amounts withdrawn any time from the state police death, disability and retirement fund by the member seeking the transfer allowed in this subsection: Provided, That there shall be added by the member to the amounts transferred or repaid under this subsection an amount which shall be sufficient to equal the contributions he or she would have made had the member been under the public employees retirement system during the period of his or her membership in the state police death, disability and retirement fund plus interest at a rate determined by the board.
(i) The provisions of section twenty-two-h of this article are not applicable to the amendments made to this section during the two thousand six regular session.
§5-10-27. Preretirement death annuities.
(a) In (1) Except as otherwise provided in this section, in the event any member who has ten or more years of credited service or any former member with ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article: may at any time prior to the effective date of his or her retirement, by written declaration duly executed and filed with the board of trustees, in the same manner as if he or she were then retiring from the employ of a participating public employer, elect option A provided in section twenty-four of this article and nominate a beneficiary whom the board finds to have had an insurable interest in the life of the member. Prior to the effective date of his or her retirement, a member may revoke his or her election of option A and nomination of beneficiary and he or she may again prior to his or her retirement elect option A and nominate a beneficiary as provided in this subsection. Upon the death of a member who has an option A election in force, his or her beneficiary, if living, shall immediately receive an annuity computed in the same manner in all respects as if the same member had retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty years, and elected the said option A. If at the time of his or her retirement a member has an option A election in force, his or her election of option A and nomination of beneficiary shall thereafter continue in force. As an alternative to annuity option A, a member or former member may elect to have the preretirement death benefit paid as a return of accumulated contributions in a lump sum amount to any beneficiary or beneficiaries he or she chooses.
(2) In the event any member or former member, who first became a member of the Public Employees Retirement System after the effective date of amendments made to this section during the two thousand six regular legislative session and who has ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article: ~~(1)~~ Dies without leaving a surviving spouse; but ~~(2)~~ leaves surviving him or her a child who is financially dependent on the member by virtue of a permanent mental or physical disability upon evidence satisfactory to the board; and ~~(3)~~ has named the disabled child as sole beneficiary, the disabled child shall immediately receive an annuity computed in the same manner in all respects as if the member had: ~~(1)~~ (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty or sixty-two years, as the case may be; ~~(2)~~ (B) elected option A provided ~~for~~ in section twenty-four of this article; and ~~(3)~~ (C) nominated his or her disabled child as beneficiary. A member or former member with ten or more years of credited service, who does not leave surviving him or her a spouse or a disabled child, may elect to have the preretirement death benefit paid as a return of accumulated contributions in a lump sum amount to any beneficiary or beneficiaries he or she chooses.
(b)(1) In the event any member who has ten or more years of credited service, or any former member with ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article: ~~(1)~~ Dies; and ~~(2)~~ leaves a surviving spouse, the surviving spouse shall immediately receive an annuity computed in the same manner in all respects as if the ~~the~~ member had: ~~(1)~~ (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty or sixty-two years, as the case may be; ~~(2)~~ (B) elected option A provided in section twenty-four of this article; and ~~(3)~~ (C) nominated his or her surviving spouse as beneficiary. However, the surviving spouse shall have the right to waive the annuity provided ~~for~~ in this section: Provided, That he or she executes a valid and notarized waiver on a form provided by the board and that the member or former member attests to the waiver. If the waiver is presented to and accepted by the board, the member or former member, may: nominate a beneficiary who has an insurable interest in the member's or former member's life. As an alternative to annuity option A, the member or former member may elect to have the preretirement death benefit paid as a return of accumulated contributions in a lump sum amount to any beneficiary or beneficiaries he or she chooses in the event a waiver, as provided in this section, has been presented to and accepted by the board.
(2) Whenever any member or former member who first became a member of the retirement system after the effective date of the amendments to this section made during the two thousand six regular legislative session, and who has ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article: Dies; and leaves a surviving spouse, the surviving spouse shall immediately receive an annuity computed in the same manner in all respects as if the member had: (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained age sixty or sixty-two years, as the case may be; (B) elected option A provided in section twenty-four of this article; and (C) nominated his or her surviving spouse as beneficiary. However, the surviving spouse shall have the right to waive the annuity provided in this section: Provided, That he or she executes a valid and notarized waiver on a form provided by the board and that the member or former member attests to the waiver. If the waiver is presented to and accepted by the Board, the member or former member, may: (1) Elect to have the preretirement death benefit paid in a lump sum amount, rather than annuity option A provided in section twenty-four of this article, as a return of accumulated contributions to any beneficiary or beneficiaries he or she chooses; or (2) may name his or her surviving child, who is financially dependent on the member by virtue of a permanent mental or physical disability, as his or her sole beneficiary to receive an annuity computed in the same manner in all respects as if the member had: (A) Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained the age of sixty or sixty-two as the case may be; (B) elected option A provided in section twenty-four of this article; and (C) nominated his or her disabled child as beneficiary.
(c) In the event any member who has ten or more years of credited service or any former member with ten or more years of credited service and who is entitled to a deferred annuity, pursuant to section twenty-one of this article: (1) Dies without leaving surviving him or her a spouse; but (2) leaves surviving him or her an infant child or children; and (3) does not have a beneficiary nominated as provided in subsection (a) of this section, the infant child or children are entitled to an annuity to be calculated as follows: The annuity reserve shall be calculated as though the member had retired as of the date of his or her decease and elected a straight life annuity and the amount of the annuity reserve shall be paid in equal monthly installments to the member's infant child or children until the child or children attain age twenty-one or sooner marry or become emancipated; however, in no event shall any child or children receive more than two hundred fifty dollars per month each. The annuity payments shall be computed as of the date of the death of the member and the amount of the annuity shall remain constant during the period of payment. The annual amount of the annuities payable by this section shall not exceed sixty percent of the deceased member's final average salary.
(d) In the event any member or former member does not have ten or more years of credited service, no preretirement death annuity may be authorized, owed or awarded under this section, except as provided in subdivision (4), subsection (a), section fifteen of this article as amended during the two thousand five regular session of the Legislature.
§5-10-48. Reemployment after retirement; options for holder of elected public office.
(a) The Legislature finds that a compelling state interest exists in maintaining an actuarially sound retirement system and that this interest necessitates that certain limitations be placed upon an individual's ability to retire from the system and to then later return to state employment as an employee with a participating public employer while contemporaneously drawing an annuity from the system. The Legislature hereby further finds and declares that the interests of the public are served when persons having retired from public employment are permitted, within certain limitations, to render post-retirement employment in positions of public service, either in elected or appointed capacities. The Legislature further finds and declares that it has the need for qualified employees and that in many cases an employee of the Legislature will retire and be available to return to work for the Legislature as a per diem employee. The Legislature further finds and declares that in many instances these employees have particularly valuable expertise which the Legislature cannot find elsewhere. The Legislature further finds and declares that reemploying these persons on a limited per diem basis after they have retired is not only in the best interests of this state, but has no adverse effect whatsoever upon the actuarial soundness of this particular retirement system.
~~(a)~~(b) For the purposes of this section: (1) 'Regularly employed on a full-time basis' means employment of an individual by a participating public employer, in a position other than as an elected or appointed public official, which normally requires twelve months per year service and/or requires at least one thousand forty hours of service per year in that position; (2) 'temporary full- time employment or temporary part-time employment' means employment of an individual on a temporary or provisional basis by a participating public employer, other than as an elected or appointed public official, in a position which does not otherwise render the individual as regularly employed; (3) 'former employee of the Legislature' means any person who has retired from employment with the Legislature and who has at least ten years contributing service with the Legislature; and (4) 'reemployed by the Legislature' means a former employee of the Legislature who has been reemployed on a per diem basis not to exceed one hundred seventy-five days per calendar year.
~~(b)~~(c) In the event a retirant becomes regularly employed on a full-time basis by a participating public employer, payment of his or her annuity shall be suspended during the period of his or her reemployment and he or she shall become a contributing member to the retirement system. If his or her reemployment is for a period of one year or longer, his or her annuity shall be recalculated and he or she shall be granted an increased annuity due to such additional employment, said annuity to be computed according to section twenty-two of this article. A retirant may accept temporary full-time or temporary part-time employment from a participating employer without suspending his or her retirement annuity so long as he or she does not receive annual compensation in excess of ~~fifteen~~ twenty thousand dollars.
~~(c)~~(d) In the event a member retires and is then subsequently elected to a public office or is subsequently appointed to hold an elected public office, or is a former employee of the Legislature who has been reemployed by the Legislature, he or she has the option, notwithstanding subsection ~~(b)~~ (c) of this section, to either:
(1) Continue to receive payment of his or her annuity while holding such public office or during any reemployment of a former employee of the Legislature on a per diem basis, in addition to the salary he or she may be entitled to as such office holder or as a per diem reemployed former employee of the Legislature; or
(2) Suspend the payment of his or her annuity and become a contributing member of the retirement system as provided in subsection ~~(b)~~ (c) of this section. Notwithstanding the provisions of this subsection, a member who is participating in the system as an elected public official may not retire from his or her elected position and commence to receive an annuity from the system and then be reappointed to the same position unless and until a continuous six-month period has passed since his or her retirement from the position: Provided, That a former employee of the Legislature may not be reemployed by the Legislature on a per diem basis until at least sixty days after the employee has retired: Provided, however, That the limitation on compensation provided by subsection (b) of this section does not apply to the reemployed former employee: Provided further, That in no event may reemployment by the Legislature of a per diem employee exceed one hundred seventy-five days per calendar year.
~~(d)~~(e) A member who is participating in the system simultaneously as both a regular, full- time employee of a participating public employer and as an elected or appointed member of the legislative body of the state or any political subdivision may, upon meeting the age and service requirements of this article, elect to retire from his or her regular full-time state employment and may commence to receive an annuity from the system without terminating his or her position as a member of the legislative body of the state or political subdivision: Provided, That the retired member shall not, during the term of his or her retirement and continued service as a member of the legislative body of a political subdivision, be eligible to continue his or her participation as a contributing member of the system and shall not continue to accrue any additional service credit or benefits in the system related to the continued service.
~~(e)~~(f) Notwithstanding the provisions of section twenty-seven-b of this article, any publicly elected member of the legislative body of any political subdivision or of the state Legislature, the clerk of the House of Delegates and the clerk of the Senate may elect to commence receiving in- service retirement distributions from this system upon attaining the age of seventy and one-half years: Provided, That the member is eligible to retire under the provisions of section twenty or section twenty-one of this article: Provided, however, That the member elects to stop actively contributing to the system while receiving such in-service distributions.
(g) The provisions of section twenty-two-h of this article are not applicable to the amendments made to this section during the two thousand six regular session."
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 484), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead and Carmichael.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 173) passed.

An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

Com. Sub. for S. B. 173 -- "A Bill to amend and reenact §5-10-14, §5-10-27 and §5-10-48 of the Code of West Virginia, 1931, as amended, all relating to the Public Employees Retirement System generally; providing service credit for certain temporary legislative employees for retirement purposes; clarifying right of members and former members to select certain beneficiaries for preretirement death annuities; limiting choice of beneficiaries to receive preretirement death annuities for new members only; providing for preretirement death benefit of accumulated contributions to be paid in a lump sum amount to any beneficiary or beneficiaries chosen by a member; providing that the date of membership and date of passage control election of benefits; recognizing exception for certain members who die as a result of active military service; and providing for the reeemployment of certain former legislative employees on a per diem basis under certain restrictions without suspension of retirement annuity."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 174, Relating to State Police Death, Disability and Retirement Fund benefits; on third reading, coming up in regular order, with the right to amend, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 485), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 174) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 251, Creating Beckley-Raleigh County Building Code Authority; on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate Staton, laid over one day.
Com. Sub. for S. B. 285, Relating to unclaimed property; on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate Staton, laid over one day.
Com. Sub. for S. B. 353, Authorizing Department of Transportation promulgate legislative rules; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk as follows:
On page three, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

"ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES.

§64-8-1. Division of Highways.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section three, article seventeen-a, chapter seventeen- c of this code, relating to the Division of Highways (use of state roads rights-of-way and adjacent areas, 157 CSR 6), is authorized with the following amendment:
On page two, after subsection 2.16., by inserting a new subsection, designated subsection 2.17, to read as follows:
"2.17. 'Focal point' means the location from which an LED, OLED or other illuminated message center, display or sign appears brightest." and by renumbering the subsequent subsections accordingly;
On page two, subsection 2.24, after the word "slats", by inserting a comma and the words "or by LED, OLED or other illuminated message center,";
On page two, subsection 2.24, by striking out the words "lighting devices forming part of the message or border" and inserting in lieu thereof the word "moving";
On page eighteen, paragraph 7.8.d.4., by striking out the words "twenty-four (24) hours" and inserting in lieu thereof the words "eight seconds";
On page eighteen, paragraph 7.8.e.1., line two, by inserting the following words: "For purposes of this section, the illumination of an advertising device containing a message center display does not constitute the use of a flashing, intermittent or moving light. No message center display may include an illumination that is in motion or appears to be in motion or that changes in intensity or exposes its message for less than eight (8) seconds or that has an interval between messages of two (2) seconds or less. No LED, OLED, illuminated message center display or similar device may exceed the following brightness limits measured as candelas per square feet at any focal point on any roadway or berm or any vehicular approach to any roadway:
Day

Night

Red

300
100

Green

600
200

Amber

450
150

Blue

800
350

White

550
50

All color

650
250"

and,
On page twenty-nine, by striking out section ten of the rule in its entirety and by creating a new series, designated Title 157, Series 9 of the Code of State Rules, to read as follows:
"157 CSR 9
Title 157
Legislative Rule
Department of Transportation
Division of Highways

Series 9
Special Crossing Permits

§157-9-1. General
1.1. Scope. - This legislative rule establishes the procedures and standards for issuance of special crossing permits authorizing certain vehicles to operate or move a vehicle or combination of vehicles which exceed the maximum weight allowance specified in W. Va. Code §17C-17A-3 (120,000 pounds) on limited sections of public highways. Special crossing permits may be issued only for vehicles hauling coal or coal by-products in the Coal Resource Transportation Road System.
1.2. Authority. - This rule is issued pursuant to the provisions of W. Va. Code §17C-17A-3.
1.3. Filing Date. -
1.4. Effective Date. -
§157-9-2. Application for permit.
2.1. An applicant for a special crossing permit must complete an application form developed by the Division of Highways and submit it to a Highways District Permit Clerk within the district wherein the road that will be crossed or traveled is located or where it originates if the route lies within two districts.
2.2. The application must be accompanied by:
2.2.a. A $500 application fee;
2.2.b. A list of all vehicles or combinations of vehicles, including axle weights and spacings and gross vehicle weights, that will be moving on or crossing the highway for which the permit is requested. If a vehicle will be hauling various tonnages of loads, the maximum weights will be listed; and
2.2.c. An estimate of the number of times per day that each listed vehicle or combination of vehicles will cross or travel the route.
2.3. Prior to the issuance of the permit, the applicant must:
2.3.a. Agree, in writing, to pay the actual costs for any necessary upgrading or repair of the public highway, including any necessary traffic control, which the applicant seeks the permit to cross;
2.3.b. Agree to post a bond in an amount of no less than $50,000, as recommended to and approved by the Commissioner of Highways;
2.3.c. Furnish evidence of having at least the minimum amounts of insurance required of "West Virginia Division of Highways, Standard Specifications, Roads and Bridges, Adopted 2000", and supplements thereto;
2.3.d. Agree, in writing, to pay for the restoration of the public highway to its original condition after the permit has expired. The original condition of the highway may be documented by the applicant and/or the Division of Highways by photography, video recording, or any other means acceptable to both parties.
§157-9-3. Vehicles.
3.1 No listed vehicle or combination of vehicles is permitted to haul more than the manufacturer's weight rating.
3.2. Except as provided in the permit, all listed vehicles or combinations of vehicles must be in compliance with all other specifications given in W. Va. Code §17C.
3.3 All listed vehicles must be identified by vehicle identification number or, if a vehicle identification number is not available, by serial number.
3.4 If any vehicle is replaced during the course of a three year permit period, the applicant must submit supplemental information on each vehicle to the District Permit Clerk. The District Maintenance Engineer and/or Bridge Engineer shall review the supplemental information and may require additional route analysis, route upgrading, an increase in the bond amount, or any other consideration deemed necessary.
§157-9-4. Evaluation of permit application.
4.1. Prior to the issuance of any Special Crossing Permit:
4.1.a. The District Maintenance Engineer(s) in the district(s) in which the proposed route is located will initiate a route analysis to determine the feasibility and potential costs associated with the applicant being permitted to cross or travel the route with any of the listed vehicles or combinations of vehicles. Considerations will include the road surface and any existing height or width restrictions, bridges, culverts, and potential traffic or safety problems;
4.1.b. If there are bridges or culverts on the route, the District Bridge Engineer(s) in the district(s) in which the route is located will initiate a bridge analysis to determine whether these structures can safely bear the weight of the listed vehicles or combinations of vehicles, or whether any will require reinforcement or replacement; and
4.1.c. The District Traffic Engineer(s) in the district(s) in which the route is located will perform an analysis to evaluate potential traffic and safety problems and recommend appropriate traffic control actions and/or devices.
4.2. The Commissioner of Highways may require additional evaluations or analyses in his or her discretion.
4.3. Once all of the necessary analyses have been performed by the appropriate party(ies), all necessary conditions and addendums required have been identified, and a proposed bond amount has been agreed upon, the District Maintenance Engineer will submit the application to the Commissioner of Highways for approval.
§157-9-5. Approval or denial of permit application.
5.1. The Commissioner of Highways may deny the application if there is an existing alternate off-road route available, if the road or any bridge thereon is unsuitable for the load, or if it is determined that the permit cannot be granted without jeopardizing public safety.
5.1.a. The Commissioner of Highways may not approve an application which, in combination with another permit or permit application, would authorize a vehicle or combination of vehicles to operate in excess of the maximum weight allowance specified in W. Va. Code §17C- 17A-3 on sections of public highways longer than one-half mile.
5.1.b. In the event the application is denied, the Commissioner of Highways may (at his or her discretion) refund any unexpended portion of the application fee to the applicant.
5.2. The Commissioner of Highways may require additional evaluations or agreements prior to approving any special crossing permit application
5.3. If the application for a special crossing permit is approved by the Commissioner of Highways, the District Maintenance Engineer(s) shall assure that all necessary conditions and addendums are satisfied before delivering the permit to the applicant.
§157-9-6. Duration, suspension, revocation or renewal of permit.
6.1. A special crossing permit is valid for three years from the date of issuance.
6.2. While a special crossing permit is in effect, the permit holder shall maintain the road in a condition that is passable to the traveling public. The District Maintenance Engineer(s), accompanied by a representative of the permit holder, shall review the conditions of the approved route at least quarterly, or more frequently, if deemed appropriate by the District Maintenance Engineer(s), to assure the integrity of the roadway and any structures adjacent thereto.
6.3. A special crossing permit may be suspended or revoked by the Commissioner of Highways at any time if the permit holder is found to be in violation of any of the conditions, requirements, addendums or provisions of the permit or to have maintained the roadway or crossing as required by the permit or this rule.
6.4. At the end of three years, a permit holder may apply to the Commissioner of Highways to renew the permit in the same manner as an application for an initial permit. The renewal application fee is $500. The Commissioner of Highways may require the same stipulations, conditions and requirements, including the posting of a bond in excess of $50,000, attendant to the issuance of the original permit or may impose additional stipulations, conditions or requirements as a condition of renewal. The Commissioner of Highways may also, in his or her discretion, require any or all of the route and safety evaluations described in required for issuance of an initial permit or require additional evaluations, analyses or requirements before renewing the permit.
6.5. The Commissioner may deny renewal of the permit for any of the reasons for which an initial application for a permit may be denied, if the permit holder failed to comply with any of the conditions or requirements of the previous permit or if the permit holder failed to satisfactorily maintain the highway or protect public safety."
(b) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand five, authorized under the authority of section seven, article eighteen, chapter twenty-two of this code, relating to the Division of Highways (transportation of hazardous wastes upon the roads and highways, 157 CSR 7), is authorized.
§64-8-2. Division of Motor Vehicles.
(a) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand five, authorized under the authority of section nine, article two, chapter seventeen-a of this code, modified by the Division of Motor Vehicles to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the fifteenth day of December, two thousand five, relating to the Division of Motor Vehicles (denial, suspension, revocation, restriction or nonrenewal of driving privileges, 91 CSR 5), is authorized with the following amendment:
On page five, subsection 5.1., line one, after the word "shall", by inserting a comma;
On page five, subsection 5.1., by striking out the words "time shall begin to toll from" and inserting in lieu thereof the words "revocation shall begin on";
On page five, subsection 5.2., by striking out the words "time shall begin to toll from" and inserting in lieu thereof the words "suspension shall begin on";
On page six, subsection 7.2., after the words "disqualification or", by striking out the word "is" and inserting in lieu thereof the words "the offense was";
On page nine, subdivision 7.3.e., after the words "W. Va. Code §17C-6-1" by striking out "(g) or (h)" and inserting in lieu thereof "(i) or (j)" and a period;
On page nine, subsection 7.4., after the words "involving a conviction.", by striking out the remainder of the subsection;
On page eleven, subsection 7.14., by striking out the words "pertaining to a conviction for a", and inserting in lieu thereof a comma and the words "which exempt convictions for";
On page eleven, subsection 7.14., the last line, by striking out the word "does" and inserting in lieu thereof the words "from being reported to the Division, do";
On page fourteen, subdivision 9.4.d., by striking out the word "shall" and inserting in lieu thereof the word "may";
On page seventeen, subsection 12.1., after the words "W. Va. Code §17B-3-6" by striking out "(10)" and inserting in lieu thereof "(a)(9)";
On page eighteen, subsection 12.3., by striking out the words "Means v. Sidiropolis 401 S.E.2d. Page 447 (W. Va. 1990)" and inserting in lieu thereof the words "Means v. Sidiropolis, 184 W. Va. 514, 401 S.E.2d 447 (1990)";
On page eighteen, subsection 13.1., line five, after the words "The Division", by striking out the word "shall" and inserting in lieu thereof the word "may";
On page twenty, subsection 15.1., line one, after the words "with the provisions of W. Va. Code", by striking out "§48A-5A-1 et seq." and inserting in lieu thereof "§48-15-101 et seq.";
On page twenty, subsection 15.1., line five, after the words "The provisions of W. Va. Code", by striking out "§48A-5A-5c" and inserting in lieu thereof "48-15-101 et seq.";
On page twenty, subsection 15.1., by striking out the words "Dababnah v. West Virginia Board of Medicine, No. 27751 slip op (W. Va. 2000)" and inserting in lieu thereof the words "Dababnah v. West Virginia Board of Medicine, 207 W. Va. 621, 535 S.E.2d 20 (2000)";
On page twenty, subsection 15.2., after the words "W. Va. Code", by striking out "§48A-5A- 1 et seq." and inserting in lieu thereof "48-15-101 et seq.";
On page twenty, subdivision 15.2.a., after the words "W. Va. Code §17B-3-6" by inserting "(a)";
On page twenty, subdivision 15.2.c., after the words "W. Va. Code", by striking out "§48- 5A-5(a)" and inserting in lieu thereof "§48-15-101 et seq.";
On page twenty-one, paragraph 15.2.c.3., following "Subsection" by striking out "5.6" and inserting in lieu thereof "15.6";
On page twenty-one, paragraph 15.2.c.4., after the word "Subsection", by striking out "5.7" and inserting in lieu thereof "15.7";
On page twenty-one, subsection 15.4., after the words "W. Va. Code", by striking out "§48A-5A-5(b)" and inserting in lieu thereof "§48-15-302";
On page twenty-one, subsection 15.5., after the words "W. Va. Code", by striking out "§48A-5A-5(a)" and inserting in lieu thereof "§48-15-301(e)";
On page twenty-two, paragraph 15.6.b.1., after the word "Subsection", by striking out "5.5" and inserting in lieu thereof "15.5";
On page nineteen, subsection 14.1, at the end of the subsection by inserting the following sentence:
"For the purposes of this rule, a plea of nolo contendre stands as neither an admission of guilt nor a conviction for administrative revocation proceedings."
On page twenty-two, subsection 15.7., after the words "W. Va. Code", by striking out "§48A-5A-5(b)" and inserting in lieu thereof "§48-15-302";
On page twenty-two, subdivision 16.2.c., after the word "Commercial", by inserting "Motor"; and,
On page twenty-five, subdivision 16.3.f., after the word "subdivision", by striking out "16.2.e." and inserting in lieu thereof "16.2.f."
(b) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand five, authorized under the authority of section nine, article two, chapter seventeen-a of this code, modified by the Division of Motor Vehicles to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on the fifteenth day of December, two thousand five, relating to the Division of Motor Vehicles (motor vehicle dealers and other businesses regulated by the Division of Motor Vehicles, 91 CSR 6), is authorized."
The Clerk next reported an amendment to the amendment, heretofore filed by Delegate Caputo, and, unanimous consent having been obtained, Delelgate Caputo withdrew the same.
On motion of Delegates Staton, Caputo and Mahan, the amendment was amended on page eight, section one, subsection (a), line one, after the period by inserting a new subsection 5.4 to read as follows:
"5.4.Any special crossing permit approved by the Commissioner of Highways must include requirement that any vehicle or vehicles authorized to operate on limited sections of public highways pursuant to this rule may not travel on the section of public highway included in the special crossing permit until or unless all other traffic on the public highway is stopped by flaggers or traffic-control signals, and that no other unauthorized vehicles may access the section public highway until all authorized vehicles have exited the public highway."
The question before the House being the amendment offered by the Committee on the Judiciary, as amended, the same was put and prevailed.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 486), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Louisos, Talbott and Walters.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 353) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 487), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Louisos.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 353) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 362, Requiring Tax Commissioner disclose certain information to Consolidated Public Retirement Board; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 1B. COMMISSION ON INTERSTATE COOPERATION.
§29-1B-8. Filing interstate compacts.
(a) Within ninety days of entering into an interstate compact, a commission, agency or person administering the compact between or among states or the federal government, having the force of law and to which this state is a party, shall file with the office of the Secretary of State:
(1) A copy of the compact accompanied by a signed letter of a representative of the commission, agency or person administering the compact stating that the copy is a true and accurate copy of the adopted compact;
(2) A listing of all other jurisdictions party to the compact and the date on which each jurisdiction entered into participation; and
(3) Citations to any act or resolution of the Congress of the United States consenting to the compact.
(b) The commission, agency or person administering the compact shall submit, within a reasonable time from when the information becomes available:
(1) The status of each compact with respect to withdrawals or additions of participating jurisdictions; and
(2) Any amendment, supplementary agreement or administrative rule having the force of law and implementing or modifying the compact.
(c) The office of the Secretary of State shall index these documents and make them available for inspection upon request of any person during normal business hours.
(d) The provisions of this section are in addition to other requirements of law for filing, publication or distribution.
(e) Certified copies of interstate compacts entered into by this state prior to the effective date of this section and the information required to be filed under subsection (a) of this section shall be filed with the office of the Secretary of State by the commission, agency or person administering the compacts within ninety days of the effective date of this section."
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 488), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Ashley, Blair, Hall, Hunt, Louisos, Schoen and Sumner.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 362) passed.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 362 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-10-5y, relating to requiring the Tax Commissioner to disclose certain tax information to the Consolidated Public Retirement Board to aid in administering retirement plans' disability retirement benefits; and providing applicability of criminal penalties for unlawful disclosure of information."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 461, Clarifying water supply replacement requirements for surface mine operators; on third reading, coming up in regular order, with an amendment pending, and the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page four, section twenty-four, after subsection (g), by inserting a new subsection (h), to read as follows:
"(h) Notwithstanding the denial of the operator of responsibility for the damage of the owners water supply or the status of any appeal on determination of liability for the damage to the owners water supply, the operator may not discontinue providing the required water service until authorized by the division."
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 489), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 461) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 461 - "A Bill to amend and reenact §22-3-24 of the Code of West Virginia, 1931, as amended, relating to underground water supply replacement; altering requirements for mine operators for replacement of water supply; and requiring prior department approval before discontinuing water supply replacement."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 492, Providing indemnity agreements in motor carrier transportation contracts void; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 490), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Manchin.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 492) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 491), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Manchin.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 492) takes effect July 1, 2006.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 511, Relating to municipal policemen's and firemen's pension funds; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Pensions and Retirement, was reported by the Clerk on page eight, section nineteen, line one hundred twenty-eight, following the underscored words "Provided, That", by striking out the remaining underscored words on lines one hundred twenty-eight through one hundred thirty-eight, and inserting in lieu thereof the following underscored words:
"the board of trustees for each pension and relief fund may assess and collect from each member of the paid police department or paid fire department or both each month, up to an additional two and one half percent of the actual salary or compensation of each member: Provided, however, That if any board of trustees decides to assess and collect any additional amount, any board of trustees decision and any additional amount is not the liability of the State of West Virginia."
And,
On page thirteen, section twenty, line fifty-seven, following the underscored word "avoid", by striking out the remaining underscored words on lines fifty-seven through sixty-two, and inserting in lieu thereof the following underscored words:
"penalizing municipalities and to provide flexibility when making contributions, municipalities using the alternative contribution method may exclude a contribution made in any one year in excess of the minimum required by this section: And Provided further, That any board of trustees for any pension and relief fund may require a contribution of one hundred eight percent: And Provided further, That if any board of trustees decides to require a contribution of one hundred eight percent, then that board of trustees may not make a contribution less than one hundred eight percent until the respective pension and relief fund no longer has any actuarial deficiency: And Provided further, That any board of trustees decision and any contribution payment is not the liability of the State of West Virginia:".
On motion of Delegate Stalnaker, the amendment was amended on page one, line eleven, following the words "Provided, however, That", by inserting the following: "if any board of trustees decides to assess and collect any additional amount pursuant to this subdivision above the member contribution required by this section, then that board of trustees may not reduce such additional amount until the respective pension and relief fund no longer has any actuarial deficiency: Provided further, That".
The question before the House being on the adoption of the amendment recommended by the Committee on Pensions and Retirement, as amended, the same was put and prevailed.
There being no further amendments, the bill was then read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 492), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 511) passed.
An amendment to the title of the bill, recommended by the Committee on Pensions and Retirement, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 511 -- "A Bill to amend and reenact §8-22-19 and §8-22-20 of the Code of West Virginia, 1931, as amended, all relating to municipal policemen's and firemen's pension and relief funds; allowing increases for employee contributions; allowing the basis for calculating alternative contributions to be modified; and allowing increases for municipal contributions."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 517, Requiring multidisciplinary treatment team for certain juveniles; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page twelve, section three, line ninety-seven, by striking out subsection (e) in its entirety and inserting in lieu thereof the following:
"(e) Nothing in this section may be construed to require a multidisciplinary team meeting to be held prior to temporarily placing a child out-of-home under exigent circumstances or upon a court order placing the juvenile in a juvenile facility operated by the Division of Juvenile Services."
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 493), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 517) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 494), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ferrell and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 517) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 557, Removing requirement for Shady Spring Turnpike interchange construction; on third reading, coming up in regular order, was, at the request of Delegate Staton, postponed until the evening session.
S. B. 598, Relating to Teachers Retirement System's qualified plan status; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §18-7A-24 of the Code of West Virginia, 1931, as amended, be repealed; and that §18- 7A-17, §18-7A-23 and §18-7A-25 of said code be amended and reenacted, all to read as follows:

ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.

§18-7A-17. Statement and computation of teachers' service; qualified military service.

(a) Under rules adopted by the retirement board, each teacher shall file a detailed statement of his or her length of service as a teacher for which he or she claims credit. The retirement board shall determine what part of a year is the equivalent of a year of service. In computing the service, however, it shall credit no period of more than a month's duration during which a member was absent without pay, nor shall it credit for more than one year of service performed in any calendar year.
(b) For the purpose of this article, the retirement board shall grant prior service credit to new entrants and other members of the retirement system for service in any of the Armed Forces of the United States in any period of national emergency within which a federal Selective Service Act was in effect. For purposes of this section, 'Armed Forces' includes Women's Army Corps, women's appointed volunteers for emergency service, Army Nurse Corps, SPARS, Women's Reserve and other similar units officially parts of the military service of the United States. The military service is considered equivalent to public school teaching, and the salary equivalent for each year of that service is the actual salary of the member as a teacher for his or her first year of teaching after discharge from military service. Prior service credit for military service shall not exceed ten years for any one member, nor shall it exceed twenty-five percent of total service at the time of retirement. Notwithstanding the preceding provisions of this subsection, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Internal Revenue Code. For purposes of this section, "qualified military service" has the same meaning as in Section 414(u) of the Internal Revenue Code. The retirement board is authorized to determine all questions and make all decisions relating to this section and, pursuant to the authority granted to the retirement board in section one, article ten-d, chapter five of this code, may promulgate rules relating to contributions, benefits and service credit to comply with Section 414(u) of the Internal Revenue Code. No military service credit may be used in more than one retirement system administered by the Consolidated Public Retirement Board.
(c) For service as a teacher in the employment of the federal government, or a state or territory of the United States, or a governmental subdivision of that state or territory, the retirement board shall grant credit to the member: Provided, That the member shall pay to the system double the amount he or she contributed during the first full year of current employment, times the number of years for which credit is granted, plus interest at a rate to be determined by the retirement board. The interest shall be deposited in the reserve fund and service credit granted at the time of retirement shall not exceed the lesser of ten years or fifty percent of the member's total service as a teacher in West Virginia. Any transfer of out-of-state service, as provided in this article, shall not be used to establish eligibility for a retirement allowance and the retirement board shall grant credit for the transferred service as additional service only: Provided, however, That a transfer of out-of-state service is prohibited if the service is used to obtain a retirement benefit from another retirement system: Provided further, That salaries paid to members for service prior to entrance into the retirement system shall not be used to compute the average final salary of the member under the retirement system.
(d) Service credit for members or retired members shall not be denied on the basis of minimum income rules promulgated by the Teachers Retirement Board: Provided, That the member or retired member shall pay to the system the amount he or she would have contributed during the year or years of public school service for which credit was denied as a result of the minimum income rules of the Teachers Retirement Board.
(e) No members shall be considered absent from service while serving as a member or employee of the Legislature of the State of West Virginia during any duly constituted session of that body or while serving as an elected member of a county commission during any duly constituted session of that body.
(f) No member shall be considered absent from service as a teacher while serving as an officer with a statewide professional teaching association, or who has served in that capacity, and no retired teacher, who served in that capacity while a member, shall be considered to have been absent from service as a teacher by reason of that service: Provided, That the period of service credit granted for that service shall not exceed ten years: Provided, however, That a member or retired teacher who is serving or has served as an officer of a statewide professional teaching association shall make deposits to the Teachers Retirement Board, for the time of any absence, in an amount double the amount which he or she would have contributed in his or her regular assignment for a like period of time.
(g) The Teachers Retirement Board shall grant service credit to any former or present member of the West Virginia Public Employees Retirement System who has been a contributing member for more than three years, for service previously credited by the Public Employees Retirement System and: (1) Shall require the transfer of the member's contributions to the Teachers Retirement System; or (2) shall require a repayment of the amount withdrawn any time prior to the member's retirement: Provided, That there shall be added by the member to the amounts transferred or repaid under this subsection an amount which shall be sufficient to equal the contributions he or she would have made had the member been under the Teachers Retirement System during the period of his or her membership in the Public Employees Retirement System plus interest at a rate to be determined by the board compounded annually from the date of withdrawal to the date of payment. The interest paid shall be deposited in the reserve fund.
(h) For service as a teacher in an elementary or secondary parochial school, located within this state and fully accredited by the West Virginia Department of Education, the retirement board shall grant credit to the member: Provided, That the member shall pay to the system double the amount contributed during the first full year of current employment, times the number of years for which credit is granted, plus interest at a rate to be determined by the retirement board. The interest shall be deposited in the reserve fund and service granted at the time of retirement shall not exceed the lesser of ten years or fifty percent of the member's total service as a teacher in the West Virginia public school system. Any transfer of parochial school service, as provided in this section, may not be used to establish eligibility for a retirement allowance and the board shall grant credit for the transfer as additional service only: Provided, however, That a transfer of parochial school service is prohibited if the service is used to obtain a retirement benefit from another retirement system.
(i) ~~Active members who previously worked~~ For previous temporary employment in CETA (Comprehensive Employment and Training Act) ~~may receive~~ the retirement board shall grant service credit for time served in that capacity: Provided, That in order to receive service credit under the provisions of this subsection the following conditions must be met: (1) The member must have moved from temporary employment with the participating employer to permanent full-time employment with the participating employer within one hundred twenty days following the termination of the member's CETA employment; (2) the board must receive evidence that establishes to a reasonable degree of certainty as determined by the board that the ~~member~~ former temporary employee previously worked in CETA; and ~~(3)~~ (2) the ~~member~~ former temporary employee shall pay to the board an amount equal to what the employer and employee contribution would have been had the former temporary employee been a member during the time period of his or her temporary employment in CETA plus interest at the amount set by the board for the amount of service credit sought pursuant to this subsection: Provided, however, That the maximum service credit that may be obtained under the provisions of this subsection is ~~two~~ five years: Provided further, That ~~a member must apply and pay for the service credit allowed under this subsection and provide all necessary documentation by the thirty-first day of March, two thousand three:~~ ~~And provided further,~~ ~~That~~ the board shall exercise due diligence to notify affected employees and previous temporary employees in CETA of the provisions of this subsection.
(j) If a member is not eligible for prior service credit or pension as provided in this article, then his or her prior service shall not be considered a part of his or her total service.
(k) A member who withdrew from membership may regain his or her former membership rights as specified in section thirteen of this article only in case he or she has served two years since his or her last withdrawal.
(l) Subject to the provisions of subsections (a) through (l), inclusive, of this section, the board shall verify as soon as practicable the statements of service submitted. The retirement board shall issue prior service certificates to all persons eligible for the certificates under the provisions of this article. The certificates shall state the length of the prior service credit, but in no case shall the prior service credit exceed forty years.
(m) Notwithstanding any provision of this article to the contrary, when a member is or has been elected to serve as a member of the Legislature, and the proper discharge of his or her duties of public office require that member to be absent from his or her teaching or administrative duties, the time served in discharge of his or her duties of the legislative office are credited as time served for purposes of computing service credit: Provided, That the board may not require any additional contributions from that member in order for the board to credit him or her with the contributing service credit earned while discharging official legislative duties: Provided, however, That nothing in this section may be construed to relieve the employer from making the employer contribution at the member's regular salary rate or rate of pay from that employer on the contributing service credit earned while the member is discharging his or her official legislative duties. These employer payments shall commence as of the first day of June, two thousand: Provided further, That any member to which the provisions of this subsection apply may elect to pay to the board an amount equal to what his or her contribution would have been for those periods of time he or she was serving in the Legislature. The periods of time upon which the member paid his or her contribution shall then be included for purposes of determining his or her final average salary as well as for determining years of service: And provided further, That a member using the provisions of this subsection is not required to pay interest on any contributions he or she may decide to make.
(n) The Teachers Retirement Board shall grant service credit to any former member of the State Police Death, Disability and Retirement System who has been a contributing member for more than three years, for service previously credited by the State Police Death, Disability and Retirement System; and: (1) Shall require the transfer of the member's contributions to the Teachers Retirement System; or (2) shall require a repayment of the amount withdrawn any time prior to the member's retirement: Provided, That the member shall add to the amounts transferred or repaid under this paragraph an amount which is sufficient to equal the contributions he or she would have made had the member been under the Teachers Retirement System during the period of his or her membership in the State Police Death, Disability and Retirement System plus interest at a rate to be determined by the board compounded annually from the date of withdrawal to the date of payment. The interest paid shall be deposited in the reserve fund.
(o) The provisions of section twenty-eight-e of this article are not applicable to the amendments made to this section during the two thousand six regular session.
§18-7A-23. Withdrawal and death benefits.
Benefits upon withdrawal from service prior to retirement under the provisions of this article shall be as follows:
(a) A contributor who withdraws from service for any cause other than death or retirement shall, upon application, be paid his or her accumulated contributions plus refund interest up to the end of the fiscal year preceding the year in which application is made, but in no event shall interest be paid beyond the end of five years following the year in which the last contribution was made: Provided, That such contributor, at the time of application, is then no longer under contract, verbal or otherwise, to serve as a teacher; or
(b) If a contributor with fewer than five years of established service does not apply for the refund of his accumulated contributions within five years from the year in which he quits service, then his accumulated contributions plus refund interest, up to and including the fifth year, shall be returned to such member or to his legal representative; or
~~(c)~~ (b) If such contributor has completed twenty years of total service, he or she may elect to receive at retirement age an annuity which shall be computed as provided in this article: Provided, That if such contributor has completed as least five, but fewer than twenty years of total service in this state, he or she may elect to receive at age sixty-two an annuity which shall be computed as provided in this article. The contributor must notify the retirement board in writing concerning such election. If such contributor has completed fewer than five years of service in this state, he or she shall be subject to the provisions as outlined in ~~subsections (a) or (b)~~ subsection (a) above.
Benefits upon the death of a contributor prior to retirement under the provisions of this article shall be paid as follows:
(1) If the contributor was at least fifty years old, and if his or her total service as a teacher was at least twenty-five years at the time of his or her death, then the surviving spouse of the deceased, provided ~~said~~ the spouse is designated as the sole refund beneficiary, ~~shall be~~ is eligible for an annuity ~~which shall be~~ computed as though the deceased where actually a retired teacher at the time of death, and had selected a survivorship option which pays ~~such~~ the spouse the same monthly amount which would have been received by the deceased; or
(2) If the facts do not permit payment under the preceding paragraph (1), then the following sum shall be paid to the refund beneficiary of the contributor: ~~His~~ The contributor's accumulated contributions with refund interest up to the year of his or her death plus the amount of his or her accumulated contributions. The latter sum shall emanate from the employer's accumulation fund.
§18-7A-25. Eligibility for retirement allowance.
(a) Any member who has attained the age of sixty years or who has had thirty-five years of total service as a teacher in West Virginia, regardless of age, is eligible for an annuity. No new entrant nor present member is eligible for an annuity, however, if either has less than five years of service to his or her credit.
(b) Any member who has attained the age of fifty-five years and who has served thirty years as a teacher in West Virginia is eligible for an annuity.
(c) Any member who has served at least thirty but less than thirty-five years as a teacher or nonteaching member in West Virginia and is less than fifty-five years of age is eligible for an annuity, but the annuity shall be the reduced actuarial equivalent of the annuity the member would have received if the member were age fifty-five at the time such annuity was applied for.
(d) The request for any annuity shall be made by the member in writing to the retirement board, but in case of retirement for disability, the written request may be made by either the member or the employer.
(e) A member is eligible for annuity for disability if he or she satisfies the conditions in either subdivision ~~(a)~~ (1) or ~~(b)~~ (2) of this subsection and meets the conditions of subdivision ~~(c)~~ (3) of this ~~section~~ subsection as follows:
(1) His or her service as a teacher or nonteaching member in West Virginia must total at least ten years and service as a teacher or nonteaching member must have been terminated because of disability, which disability must have caused absence from service for at least six months before his or her application for disability annuity is approved.
(2) His or her service as a teacher or nonteaching member in West Virginia must total at least five years and service as a teacher or nonteaching member must have been terminated because of disability, which disability must have caused absence from service for at least six months before his or her application for disability annuity is approved and the disability is a direct and total result of an act of student violence directed toward the member.
(3) An examination by a physician or physicians selected by the Retirement Board must show that the member is at the time mentally or physically incapacitated for service as a teacher, that for that service the disability is total and likely to be permanent and that he or she should be retired in consequence of the disability.
(f) Continuance of the disability of the retired member shall be established by medical examination, as prescribed in subdivision (3), subsection ~~(1)~~ (e) of this section, annually for five years after retirement, and thereafter at such times required by the retirement board. Effective the first day of July, one thousand nine hundred ninety-eight, a member who has retired because of a disability may select an option of payment under the provisions of section twenty-eight of this article: Provided, That any option selected under the provisions of section twenty-eight of this article shall be in all respects the actuarial equivalent of the straight life annuity benefit the disability retiree receives or would receive if the options under said section were not available and that no beneficiary or beneficiaries of the disability annuitant may receive a greater benefit, nor receive any benefit for a greater length of time, than the beneficiary or beneficiaries would have received had the disability retiree not made any election of the options available under said section. In determining the actuarial equivalence, the board shall take into account the life expectancies of the member and the beneficiary: Provided, however, That the life expectancies may at the discretion of the board be established by an underwriting medical director of a competent insurance company offering annuities. Payment of the disability annuity provided in this article shall cease immediately if the retirement board finds that the disability of the retired teacher no longer exists, or if the retired teacher refuses to submit to medical examination as required by this section."
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 495), and there were--yeas 92, nays 3, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael and Lane.
Absent And Not Voting: Craig, Ferrell, Pino, Wakim and White,Gil.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 598) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 598 -- "A Bill to repeal §18-7A-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-7A-17, §18-7A-23 and §18-7A-25 of said code, all relating to the State Teachers Retirement System generally; deleting provisions which allowed for the distribution, without a contributor's consent, of accumulated contributions to the State Teachers Retirement System to a contributor with fewer than five years of service, who quits service or ceases to be a member; allowing the purchase of service credit in the State Teachers Retirement System for temporary employment under the Comprehensive Employment and Training Act (CETA); specifying the cost of the service credit purchased; and correcting code references."
S. B. 605, Relating to personal property tax receipt as prerequisite proof for vehicle registration; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page three, section three-a, beginning on line twenty-four, following the words "~~paragraph(B),"~~ by striking out the following: "subdivision ~~(1)~~ (2) of this subsection", and inserting in lieu thereof the words "this subdivision".
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 496), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 605) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 497), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ferrell and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 605) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 632, Relating to disclosure of electioneering communications; on third reading, coming up in regular order, with the right to amend, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 498), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Paxton.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 632) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 499), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Paxton.
Absent And Not Voting: Craig, Ferrell and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 632) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 680, Relating to Unified Carrier Registration System; on third reading, coming up in regular order, with the right to amend, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 500), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Ferrell, Manchin and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 680) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 728, Requiring background checks on certain emergency dispatch center employees; wireless enhanced 911 fee money distribution; on third reading, coming up in regular order, with the right to amend, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 501), and there were--yeas 74, nays 22, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Duke, Evans, Hall, Lane, Louisos, Overington, Porter, Roberts, Rowan, Schadler, Schoen, Sobonya, Sumner, Tansill and Walters.
Absent And Not Voting: Craig, Ferrell, Houston and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 728) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title of the bill to read as follows:
Com. Sub. for S. B. 728 - "A Bill to amend and reenact §7-1-3cc of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-6-2, §24-6-5 and §24-6-6b of said code, all relating to the regulation of voice communication services; redefining 'in-state subscriber' to include voice over internet protocol subscribers; authorizing Public Service Commission to issue and enforce orders dealing with matters concerning imposition of fees on voice over internet protocol service subscribers; amending definition of 'commercial mobile radio service provider' to include prepaid and post-paid services; requiring directors of emergency dispatch centers to undergo background checks; precluding convicted felons from serving as emergency directors of emergency dispatch centers; effective date; authorizing Public Service Commission to enhanced 911 service fees from in-state two-way subscribers; authorizing Public Service Commission to define in-state two-way subscriber; enhanced emergency telephone system requirements; requiring an investigation on character and criminal background to be conducted by and at the expense of the State Police on certain persons to be employed in an emergency dispatch center; prohibiting persons with felony convictions from holding certain positions; and assignment of a portion of the wireless enhanced 911 fee money received by Public Service Commission to Homeland Security and Emergency Management."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 502), and there were--yeas 88, nays 8, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Duke, Louisos, Porter, Schoen, Sobonya, Sumner, Tansill and White,Gil.
Absent And Not Voting: Craig, Ferrell, Houston and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 728) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 755, Relating to Physicians' Mutual Insurance Company; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page page thirteen, line one, by striking out section twelve in its entirety and inserting in lieu thereof the following:
"(a) A trust may be established by or for the benefit of the physician and funded by conveyance to the trustee of the sum of not less than one million dollars, in cash or cash equivalents, subject to disbursement and replenishment from time to time, as described in this section, and exclusive of funds needed for maintenance, administration, legal defense and all other costs. The physician will report to the trustee if he or she believes that a potential claim may be filed against him, her or the trust. As long as the physician knows or reasonably should know, or in a case when the physician is incapacitated or deceased, the trustee knows or reasonably should know, that a potential claim based upon the alleged medical professional liability of the physician may be asserted ~~and~~ or is pending, the trust is irrevocable.
(b) For a period of not less than the applicable statute of limitations for medical professional liability, a physician who has established an actuarially sound physician self-funding insurance program under this section and has such a program in effect at the time of retirement shall, following his or her retirement, either maintain the trust in effect at funding levels required by this section, or purchase and maintain in force and effect tail insurance as required by article twenty-d, chapter thirty-three of this code.
(c) The trustee for the trust must be an independent professional, bank or other qualified institutional fiduciary. The trustee has all necessary and appropriate powers to fulfill the purposes of the trust, including, but not limited to, the powers to:
(1) Disburse funds for the maintenance and administration of the trust, and for defense costs, judgments, arbitration indemnity awards and settlements;
(2) Hire an actuary who is a member of the Casualty Actuarial Society and experienced in medical professional liability protection programs to provide a periodic opinion, but not less frequently than annually, as to the actuarial soundness of the fund, a copy of which opinion shall be provided upon request to any facility where the physician maintains clinical privileges;
(3) Hire a qualified, third-party claims manager experienced in handling medical professional liability claims, with the power and authority to set reserves and administer and oversee the defense of all claims; and
(5) Require that the physician replenish the trust so as to maintain at all times a funding level of no less than one million dollars or such greater amount as set forth in the most current actuarial opinion as described in subdivision (2) of this subsection, exclusive of funds needed for maintenance, administration, defense or other costs.
(d) The trustee, acting directly or through its hired professionals, as appropriate, shall periodically, but not less frequently than annually, evaluate and set required trust funding levels for the trust; make assessments against the physician for payments into the trust, in order to replenish and maintain the trust at levels required by this subsection and required to render the trust actuarially sound from time to time; and otherwise take such actions as may appear necessary, desirable or appropriate to fulfill the purposes and integrity of the trust. Should the physician fail to timely meet any of the requests or requirements of the trustee with regard to funding of the trust or otherwise, or should the trust at any time fail to meet all the requirements of this subsection, thereupon the trust arrangement will conclusively no longer qualify under this article as an actuarially sound self- funding program: Provided, That all assets of the trust at the time of any such disqualifying event or circumstance will remain trust assets and may not be distributed to the physician settlor of the trust until the latter of the date on which any and all medical professional liability claims asserted or pending against the physician at the time of such disqualifying event or circumstance or within the applicable statute of limitations for medical malpractice liability thereafter have been finally adjudicated or otherwise resolved and fully satisfied to the extent of trust assets available for such purpose.
(e) In the event that more than one claim arises within the period since the last annual evaluation, a new evaluation will be performed within 60 days or at the time of the next annual audit, whichever is shorter, in order to evaluate the trust and replenish funds to ensure that its assets total not less than one million dollars, or such other amount that is actuarially determined necessary to satisfy the aggregate outstanding claims, which ever is greater, exclusive of funds needed for maintenance, administration, legal defense or other costs."
On motion of Delegate Amores, the amendment was amended on page one, line one, by striking out the amendment in its entirety and inserting in lieu thereof the following:
"On page thirteen, line one, by striking out section twelve in its entirety and inserting in lieu thereof, the following language:
(a) An irrevocable trust may be established by or for the benefit of the physician and funded by conveyance to the trustee of the sum of not less than one million dollars, in cash or cash equivalents, subject to disbursement and replenishment from time to time, as described in this section, and exclusive of funds needed for maintenance, administration, legal defense and all other costs.
(b) A physician who has established a trust pursuant to this section may subsequently terminate the trust and elect to acquire coverage from a commercial medical professional liability insurance carrier. The assets of the trust may not be distributed to the physician settler until the costs associated with the administration of the trust have been satisfied and the trustee receives certification that the physician has acquired medical professional liability insurance tail coverage or prior acts coverage, whichever is applicable. The tail coverage or prior acts coverage must cover the time period from the establishment of the trust to the effective date of the newly acquired medical professional liability insurance coverage or twelve years, which ever is shorter.
(c) For a period of not less than the applicable statute of limitations for medical professional liability, a physician who has established an actuarially sound physician self-funding insurance program under this section and has such a program in effect at the time of retirement shall, following his or her retirement, either maintain the trust in effect at funding levels required by this section, or purchase and maintain in force and effect tail insurance as required by article twenty-d, chapter thirty-three of this code.
(d) The trustee for the trust must be an independent professional, bank or other qualified institutional fiduciary. The trustee has all necessary and appropriate powers to fulfill the purposes of the trust, including, but not limited to, the powers to:
(1) Disburse funds for the maintenance and administration of the trust, and for defense costs, judgments, arbitration indemnity awards and settlements;
(2) Hire an actuary who is a member of the Casualty Actuarial Society and experienced in medical professional liability protection programs to provide a periodic opinion, but not less frequently than annually, as to the actuarial soundness of the fund, a copy of which opinion shall be provided upon request to any facility where the physician maintains clinical privileges;
(3) Hire a qualified, third-party claims manager experienced in handling medical professional liability claims, with the power and authority to set reserves and administer and oversee the defense of all claims; and
(4) Require that the physician replenish the trust so as to maintain at all times a funding level of no less than one million dollars or such greater amount as set forth in the most current actuarial opinion as described in subdivision (2) of this subsection, exclusive of funds needed for maintenance, administration, defense or other costs.
(e) The trustee, acting directly or through its hired professionals, as appropriate, shall periodically, but not less frequently than annually, evaluate and set required trust funding levels for the trust; make assessments against the physician for payments into the trust, in order to replenish and maintain the trust at levels required by this subsection and required to render the trust actuarially sound from time to time; and otherwise take such actions as may appear necessary, desirable or appropriate to fulfill the purposes and integrity of the trust. Should the physician fail to timely meet any of the requests or requirements of the trustee with regard to funding of the trust or otherwise, or should the trust at any time fail to meet all the requirements of this subsection, thereupon the trust arrangement will conclusively no longer qualify under this article as an actuarially sound self- funding program: Provided, That all assets of the trust at the time of any such disqualifying event or circumstance will remain trust assets and may not be distributed to the physician settlor of the trust until the latter of the date on which any and all medical professional liability claims asserted or pending against the physician at the time of such disqualifying event or circumstance or within the applicable statute of limitations for medical malpractice liability thereafter have been finally adjudicated or otherwise resolved and fully satisfied to the extent of trust assets available for such purpose.
(f) In the event that more than one claim arises within the period since the last annual evaluation, a new evaluation will be performed within 60 days or at the time of the next annual audit, whichever is shorter, in order to evaluate the trust and replenish funds to ensure that its assets total not less than one million dollars, or such other amount that is actuarially determined necessary to satisfy the aggregate outstanding claims, which ever is greater, exclusive of funds needed for maintenance, administration, legal defense or other costs."
The question now before the House being the amendment recommended by the Committee on the Judiciary, as amended, the same was put and prevailed.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 503), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Boggs, Ferrell, Houston and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 755) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 755 - "A Bill to amend and reenact §33-20F-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §55-7B-2 of said code; and to amend said code by adding thereto a new section, designated §55-7B-12, all relating to medical professional liability insurance; authorizing the West Virginia Physicians' Mutual Insurance Company to decline or refuse to renew insurance policies transferred to the company from the Board of Risk and Insurance Management upon the expiration of the terms of the policies so transferred; describing the criteria according to which the company may classify, rate and price policies of insurance; describing the criteria according to which the company may elect to underwrite or decline to underwrite insurance coverage; and establishing basic requirements and minimum standards for physician self-funded insurance arrangements to qualify as medical professional liability insurance for purposes of article seven-b, chapter fifty-five of said code."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 759, Creating Highway Design-Build Procurement Act; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §17-4-17c of the Code of West Virginia, 1931, as amended, be repealed; and that said code be amended by adding thereto a new article, designated §17-2D-1, §17-2D-2, §17-2D-3, §17- 2D-4 and §17-2D-5; and that §17-4-17b and §17-4-17d be amended and reenacted, all to read as follows:

CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 2D. HIGHWAY DESIGN-BUILD PILOT PROGRAM.
§17-2D-1. Short title.
This article shall be known and may be cited as the West Virginia Highway Design-Build Pilot Program.
§17-2D-2. Establishment of a Highway Design-Build Pilot Program.
(a) Notwithstanding any provision of this code to the contrary, the Commissioner of the West Virginia Division of Highways may establish a pilot program to expedite the construction of no more than three special projects by combining the design and construction elements of a highway or bridge project into a single contract.
(b) A design-build project may not be let to contract before the first day of January, two thousand seven, and no more than three project may be let to contract in the eighteen months thereafter.
(c) A design-build project may not be let to contract until the commissioner of the division of highways has established polices and procedures concerning design-build projects.
(d) After completion of the third project, no projects shall be commenced unless the West Virginia Legislature either approves additional projects to further study the effectiveness of the design-build process or makes the program permanent.
§17-2D-3. Invitation for Bids.
(a) The division shall prepare an invitation for bids for pre-qualified design-builders, which must provide at a minimum:
(1) The procedures to be followed for submitting bids and the procedures for making awards;
(2) The proposed general terms and conditions for the design-build contract;
(3) The description of the drawings, specifications or other information to be submitted with the bid, with guidance as to the form and level of completeness of the drawings, specifications or
submittals that will be acceptable;
(4) A proposed time schedule commencement and completion of the design-build contract;
(5) Budget limits for the design-build contract, if any;
(6) Requirements or restrictions for the subletting of specific portions of the design-build contract, if any; and
(7) Requirements for performance bonds, payment bonds, insurance, professional liability insurance and workers' compensation coverage.
(b) The division shall make available to the qualified design-builders, approved subcontractors, suppliers and sureties, as applicable, additional information including, but not limited to, surveys, soils reports, drawings or information regarding existing structures, environmental studies, photographs or references to public records, or other pertinent information.
(c) The division shall set forth its needs with sufficient clarity to assure that there is a comprehensive understanding of the project's scope and requirement.
§17-2D-4. Acceptance of Design-Build Bid.
(a) The design-builder shall submit the bid to the division as required in the invitation for bids.
(b) The design-builder shall furnish a bid bond not to exceed five percent of the maximum cost of the design-build contract.
(c) The selection committee may choose to reject all bids. If the selection committee chooses to accept a bid, the committee shall award the project to the qualified design-builder based on low bid or a value-based selection process combining technical qualifications and competitive bidding elements. The selection committee shall ascertain that the submissions comply with the requirements of this article and the polices and procedures of the commissioner.
§17-2D-5. Report to the Legislature.
On or before the first day of December, thousand eight, the commissioner shall prepare and submit to the Joint Standing Committee on Government Organization a report evaluating the experience of the division of highways with each project, including whether the division realized any cost or time savings, the number and cost of change orders, the quality of work performed, the number of bids received, and other issues the commissioner considers appropriate.
ARTICLE 4. STATE ROAD SYSTEM.

§17-4-17b. Relocation of public utility lines on highway construction projects.

(a) Whenever the commissioner of highways determines that any public utility line or facility located upon, across or under any portion of a state highway needs to be relocated in order to accommodate a federal-aid interstate or Appalachian highway project, he or she shall notify the public utility owning or operating the facility which shall relocate the same in accordance with the order of the commissioner. The cost of the relocation shall be paid out of the state road fund in all cases involving the interstate or the Appalachian system where proportionate reimbursement of the cost shall be obtained by the commissioner of highways from the United States pursuant to the "Federal Aid Highway Act of 1956" or the "Appalachian Regional Development Act of 1965," as amended, and all acts amendatory or supplementary thereto: ~~Provided,~~ That the cost of any relocation of municipally owned utility facilities and water or sanitary districts or authorities shall be paid out of state road funds in any case involving any federal-aid system where proportionate reimbursement of such cost shall be obtained by the commissioner of highways from the United States. (b) For the purposes of this section, the term, "cost of relocation," includes the entire amount paid by the utility, exclusive of any right-of-way costs incurred by the utility, properly attributable to the relocation after deducting therefrom any increase in the value of the new facility and salvage value derived from the old facility. The cost of relocating utility facilities, as defined in this section, in connection with any federal-aid interstate or Appalachian highway project is hereby declared to be a cost of highway construction.
(c) The commissioner of highways is hereby authorized to include within the cost of highway construction the cost of relocation necessarily incurred by any public utility, and any pipeline company subject to the jurisdiction of the federal energy regulatory commission, in relocating any public utility line, pipeline or facility as a result of the construction of any fully or partially controlled access highway as a part of the national highway system as authorized by the "Federal Intermodal Surface Transportation Efficiency Act of 1991", and all acts amendatory and supplementary thereto as of the twentieth day of March, one thousand nine hundred ninety-three. The provisions of article five-a, chapter twenty-one of this code apply to all work performed pursuant to the provisions of this subsection.
(d) Any notice required by this section is sufficient if given by registered or certified mail, return receipt requested, addressed to any officer of the utility or to an individual if the person to whom the notice is required is an individual.
(a) Whenever the division reasonably determines that any public utility line or facility located upon, across or under any portion of a state highway needs to be removed, relocated or adjusted in order to accommodate a highway project, the division shall give to the utility sixty (60) days written notice directing it to begin the physical removal, relocation, or adjustment of such utility obstruction or interference. If such notice is in conjunction with a highway improvement project, it will be provided at the date of advertisement or award. Prior to the notice directing the physical removal, relocation or adjustment of a utility line or facility, the utility shall adhere to the division's utility relocation procedures for public road improvements which shall include but not be limited to the following:
(1) The division will submit to the utility a letter and a set of plans for the proposed highway improvement project;
(2) The utility must, within twenty (20) days, submit to the division a written confirmation acknowledging receipt of the plans and a declaration of whether or not its facilities are within the proposed project limits and the extent to which the facilities are in conflict with the project;
(3) If the utility is adjusting, locating or relocating facilities or lines from or into the division's right of way, the utility must submit to the division plans showing existing and proposed locations of utility facilities. These utility plans must be submitted to the division within thirty (30) days of receipt of the highways plans or such longer time as may be provided in the letter accompanying the highway plans.
(4) The utility's submission shall include with the plans, a working time analysis demonstrating that the utility adjustment, location or relocation will be accomplished in a manner and time frame established by the division's written procedures and instructions. Such working time plan shall specify the order and calendar days for removal, relocation, or adjustment of the utility from or within the project site, and any staging property acquisition, compensable work or other special requirements needed to complete the removal, relocation or adjustment. The division may approve the work plan, including any requests for compensation, submitted by a utility for a highway improvement project if it is submitted within the established schedule and does not adversely affect the letting date. The division will review the work plan to ensure compliance with the proposed improvement plans and schedule.
(b) If the utility does not thereafter begin removal within the time specified in the work plan, the division may give the utility a final notice directing that such removal shall commence not later than ten (10) days from the receipt of such final notice. If the utility does not, within the ten (10) days from receipt of the final notice, begin to remove or relocate the facility or, having so begun removal or relocation, thereafter fails to complete the removal or relocation within the time specified by the work plan, the division may remove or relocate the same with its own employees or by employing or contracting for the necessary engineering, labor, tools, equipment, supervision, materials and other necessary services to accomplish the removal or relocation, and the expenses of such removal may be paid and collected as provided at law. If additional utility removal, relocation, or adjustment work is found necessary after the letting date of the highway improvement project, the utility shall provide a revised work plan within thirty (30) calendar days after becoming aware of such additional work or upon receipt of the division's written notification advising of such additional work. The utility's revised work plan shall be reviewed by the division to ensure compliance with the highway project or improvement.
(c) In addition to the foregoing, the owner of the utility shall be responsible for and liable to the division or its contractors for damages resulting from its failure to comply with the submitted and approved work plan. If the utility owner fails to provide a work plan or fails to complete the removal, relocation, or adjustment of its facilities in accordance with the work plan approved by the division, the owner shall be liable to the contractor for all delay costs and liquidated damages incurred by the contractor which are caused by or which grow out of the failure of the utility owner to provide a work plan or a revised work plan or to complete its work in accordance with the approved work plan. The division may withhold approval of permits for failure of the utility owner to comply with the requirements of this section.
§17-4-17d. Relocation of public utility lines and public service districts utility lines on state highway construction projects.

(a) Whenever the commissioner of highways determines that any public utility line owned by a county or municipal governmental body located upon, across or under any portion of a state highway needs to be relocated in order to accommodate a highway project for which proportionate reimbursement of the cost is not available from any federal program, the commissioner shall notify the public utility owning or operating the facility which shall relocate the same in accordance with ~~the order of the commissioner~~ this section, and the cost of the relocation shall be paid out of the state road fund.
(b) The commissioner may propose legislative rules in accordance with the provisions of article three, chapter twenty- nine-a of this code to provide for reimbursement of privately held public utilities for the cost of relocation, due to the division of highways construction or improvement projects, of their public utility lines located upon, across or under any portion of a state highway in order to accommodate a highway project for which proportionate reimbursement of the cost is not available from any federal program, with the cost of the relocation to be paid out of the state road fund.
(c) For the purpose of this section, the term "cost of relocation" includes the entire amount paid by the utility, exclusive of any right-of-way costs incurred by the utility, properly attributable to the relocation after deducting therefrom any increase in the value of the new facility and salvage value derived from the old facility.
(d) Any notice required by this section is sufficient if given by registered mail or certified mail, return receipt requested, addressed to any officer of the utility or to an individual if the person to whom notice is required is an individual."
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 504), and there were--yeas 86, nays 9, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Anderson, Ashley, Border, Duke, Louisos, Roberts, Sumner, Tansill and Trump.
Absent And Not Voting: Boggs, Ferrell, Hatfield, Houston and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 759) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 759 -- "A Bill to repeal §17-4-17c of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §17-2D-1, §17-2D-2, §17-2D-3, §17- 2D-4 and 17-2D-5; and to amend and reenact §17-4-17b and §17-4-17d, all relating to construction of highways and bridges; creating the Highway Design-Build pilot project; listing requirements for approval of design-build projects; requiring monthly progress reports on design-build projects; requiring annual reports; revising authority to propose certain rules and requirements; establishing requirements for issuing invitations for bid; requiring a report to the legislature; creating procedure for removal, relocation or adjustment of utility lines or facilities to accommodate a highway project; requiring notice of need to remove, relocate or adjust a utility line or facility; requiring removal, relocation or adjustment plans; creating liability for not following plan; and requiring public utility to pay for relocation, removal or adjustment."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 505), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Duke and Tansill.
Absent And Not Voting: Boggs, Ferrell, Houston and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 759) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 765, Relating to start of workday for school bus operators and transportation aides; on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate Staton, laid over one day.
S. B. 773, Relating to certificate of need standards; on third reading, coming up in regular order, with the right to amend, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken.
On this question, the yeas and nays were taken (Roll No. 506), and there were--yeas 84, nays 12, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Anderson, Armstead, Border, Canterbury, Caputo, Carmichael, Lane, Longstreth, Louisos, Manchin, Tucker and Walters.

Absent And Not Voting: Ferrell, Houston Moore and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 773) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 507), and there were--yeas 91, nays 4, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Canterbury, Carmichael, Louisos and Walters.
Absent And Not Voting: Ferrell, Houston, Moore, Roberts and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 773) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 778, Relating to State Conservation Committee and conservation districts; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-2. Legislative determinations and declaration of policy.
It is hereby declared, as a matter of legislative determination:
(a) That the farm and grazing lands of the State of West Virginia are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety and general welfare of its people; that improper land-use practices have caused and have contributed to, and are now causing and contributing to, a progressively more serious erosion of the farm and grazing lands of this state by water; that the breaking of natural grass, plant and forest cover has interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus and developing a soil condition that favors erosion; that the topsoil is being washed out of fields and pastures; that there has been an accelerated washing of sloping fields; that these processes of erosion by water and flooding ~~speed up~~ is increased with removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erosive subsoil; that failure by any landowner to conserve the soil and control erosion upon his lands causes a washing of soil and water from his or her lands onto other lands and makes the conservation of soil and control of erosion of such other lands difficult or impossible and increases the potential damages from flooding.
(b) That the consequences of such soil erosion in the form of soil washing are the silting and sedimentation of stream channels, reservoirs, dams, ditches and harbors; the piling up of soil on lower slopes and its deposit over alluvial plains; the reduction in productivity or outright ruin of rich bottom lands by overwash of poor subsoil material, sand and gravel swept out of the hills; deterioration of soil and its fertility, deterioration of crops grown thereon and declining acre yields despite development of scientific processes for increasing such yields; loss of soil and water which causes destruction of food and cover for wildlife; the washing of soil into streams which silts over spawning beds and destroys water plants, diminishing the food supply of fish; a diminishing of the underground water reserve which causes water shortages, intensifies periods of drought and causes crop failures; an increase in the speed and volume of rainfall runoff, causing more severe and ~~increasing~~ more numerous floods which bring suffering, disease and death; impoverishment of families attempting to farm eroding and eroded lands; damage to roads, highways, railways, farm buildings and other property from floods; and losses in navigation, hydroelectric power, municipal water supply, irrigation developments, farming, ~~and~~ grazing and reduction of suitable land available for homes and businesses.
(c) That to conserve soil resources and control and prevent soil erosion and prevent floodwater and sediment damage and further the conservation, development, utilization and disposal of water, it is necessary that land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued and appropriate soil-conserving land-use practices and works of improvement for flood prevention or the conservation, development, utilization and disposal of water be adopted and carried out; that among the procedures necessary for widespread adoption are ~~the carrying on of~~ engineering operations such as the construction of terraces, terrace outlets, dams, desilting basins, floodwater retarding structures, channel improvements, floodways, dikes, ponds, ditches and the like; the utilization of strip cropping, lister furrowing, contour cultivating and contour furrowing; land drainage; land irrigation; seeding and planting of waste, sloping, abandoned or eroded lands to with water-conserving and erosion-preventing plants, trees and grasses; forestation and reforestation; rotation of crops; soil stabilization with trees, grasses, legumes and other thick-growing, soil-holding crops; retardation of runoff by increasing absorption of rainfall; and retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded.
(d) It is hereby declared to be the policy of the Legislature to provide for the conservation of the soil and soil resources of this state, for the control and prevention of soil erosion, for the prevention of floodwater and sediment damage and for furthering the conservation, development, utilization and disposal of water, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands and protect and promote the health, safety and general welfare of the people of this state.
(e) This article contemplates that the incidental cost of organizing conservation districts will be borne by the state, while the expense of operating the districts so organized will be provided by donations, gifts, contributions, grants and appropriations, in money, services, materials or otherwise, from the United States or any of its agencies, from the State of West Virginia or from other sources, with the understanding that the owners or occupiers will contribute funds, labor, materials and equipment to aid ~~the~~ in carrying out of erosion control measures on their lands.
§19-21A-3. Definitions.
Wherever used or referred to in this article, unless a different meaning clearly appears from the context:
(1) 'Agency of this state' ~~includes~~ means the government of this state and any subdivision, agency or instrumentality, corporate or otherwise, of the government of this state.
(2) 'Committee' or 'State Conservation Committee' means the agency created in section four of this article.
(3) 'District' or 'conservation district' means a subdivision of this state, organized in accordance with the provisions of this article, for the purposes, with the powers and subject to the restrictions hereinafter set forth.
(4) 'Governing body' means the supervisors of any conservation district, town or city, council, city commission, county court or body acting in lieu of a county court, in this state, and the term 'governmental division' means any conservation district, town, city or county in this state.
(5) 'Land occupier' or 'occupier of land' ~~includes~~ means any person, firm or corporation who shall hold title to, or shall be in possession of, any lands lying within a district organized under the provisions of this article, whether as owner, lessee, renter or tenant.
(6) 'Landowners' or 'owners of land' ~~includes~~ means any person or persons, firm or corporation who ~~shall hold~~ holds title to ~~three or more acres of~~ any lands lying within a district organized under the provisions of this article.
(7) 'Notice' means notice published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for such publication shall be the county in which is located the appropriate area. At any hearing held pursuant to such notice at the time and place designated in such notice, adjournment may be made, from time to time, without the necessity of renewing such notice for such adjournment dates.
(8) 'Petition' means a petition filed under the provisions of subsection (a), section five of this article for the creation of a district.
(9) 'Soil conservation', 'erosion control' or 'erosion prevention projects' ~~when used throughout the article, shall denote~~ means those projects that have been established by federal agencies in cooperation with state agencies for the purpose of demonstrating soil erosion control and water conservation practices.
(10) 'State' means the State of West Virginia.
(11) 'Supervisor' means one of the members of the governing body of a district, elected or appointed in accordance with the provisions of this article.
(12) 'United States' or 'agencies of the United States' ~~includes~~ means the United States of America, Natural Resources Conservation Service of the United States Department of Agriculture and any other agency or instrumentality, corporate or otherwise, of the United States of America.
(13) 'Works of improvement' means such structures as may be necessary or convenient for flood prevention or the conservation, development, utilization or disposal of water.
§19-21A-4. State Conservation Committee; continuation.
(a) The State Conservation Committee is continued. It serves as an agency of the state and is to perform the functions conferred upon it in this article. The committee consists of the following ten members:
(1) Four citizen members;
(2) The following ex officio members or his or her designee:
(A) The Director of the State Cooperative Extension Service;
(B) The Director of the State Agricultural and Forestry Experiment Station;
(C) The Secretary of the Department of Environmental Protection;
(D) The State Commissioner of Agriculture, who is the chairperson of the committee;
(E) The Director of the Division of Forestry; and
(F) The President of the West Virginia Association of Conservation Districts.
(b) The Governor shall appoint, by and with the consent of the Senate, the four citizen members. Members shall be appointed for four-year terms, which are staggered in accordance with the initial appointments under prior enactment of this section. In the event of a vacancy, the appointment is for the unexpired term.
(c) The committee may invite the Secretary of Agriculture of the United States of America to appoint one person to serve with the committee as an advisory member.
(d) The committee shall keep a record of its official actions, shall adopt a seal, which shall be judicially noticed, and may perform those acts, hold public hearings and adopt or propose for legislative approval rules necessary for the execution of its functions under this article.
(e) The State Conservation Committee may employ an administrative officer, technical experts and other agents and employees, permanent and temporary, as it requires. The administrative officer and support staff shall be known as the West Virginia Conservation Agency. The committee shall determine their qualifications, duties and compensation. The committee may call upon the Attorney General of the state for legal services it requires. It may delegate to its chairperson, to one or more of its members, or to one or more agents or employees powers and duties it considers proper. The committee may secure necessary and suitable office accommodations and the necessary supplies and equipment. Upon request of the committee, for the purpose of carrying out any of its functions, the supervising officer of any state agency or of any state institution of learning shall, insofar as may be possible, under available appropriations and having due regard to the needs of the agency to which the request is directed, assign or detail to the committee, members of the staff or personnel of the agency or institution of learning and make special reports, surveys or studies required by the committee.
(f) A member of the committee holds office so long as he or she retains the office by virtue of which he or she is serving on the committee. A majority of the committee is a quorum and the concurrence of a majority in any matter within their duties is required for its determination. The chairperson and members of the committee may receive no compensation for their services on the committee, but are entitled to reimbursement of expenses, including traveling expenses necessarily incurred in the discharge of their duties on the committee. The committee shall:
(1) Require the execution of surety bonds for all employees and officers who are entrusted with funds or property;
(2) Provide for the keeping of a full and accurate public record of all proceedings and of all resolutions, rules and orders issued or adopted; and
(3) Provide for an annual audit of the accounts of receipts and disbursements.
(g) In addition to other duties and powers conferred upon the State Conservation Committee, it may:
(1) Offer appropriate assistance to the supervisors of conservation districts, organized as provided in this article, in the carrying out of any of their powers and programs;
(2) Keep the supervisors of each of the several districts, organized under the provisions of this article, informed of the activities and experience of all other districts organized under this article and facilitate an interchange of advice and experience between the districts and cooperation between them;
(3) Coordinate the programs of the several conservation districts so far as this may be done by advice and consultation;
(4) Secure the cooperation and assistance of the United States and any of its agencies and of agencies of this state in the work of the districts;
(5) Disseminate information throughout the state concerning the activities and programs of the conservation districts and encourage the formation of the districts in areas where their organization is desirable;
(6) Accept and receive donations, gifts, contributions, grants and appropriations in money, services, materials or otherwise from the United States or any of its agencies, from the State of West Virginia or from other sources and use or expend the money, services, materials or other contributions in carrying out the policy and provisions of this article, including the right to allocate the money, services or materials in part to the various conservation districts created by this article in order to assist them in carrying on their operations; and
(7) Obtain options upon and acquire by purchase, exchange, lease, gift, grant, bequest, devise or otherwise any property, real or personal, or rights or interests in the property; maintain, administer, operate and improve any properties acquired; receive and retain income from the property and to expend the income as required for operation, maintenance, administration or improvement of the properties or in otherwise carrying out the purposes and provisions of this article; and sell, lease or otherwise dispose of any of its property or interests in the property in furtherance of the purposes and the provisions of this article. Money received from the sale of land acquired in the small watershed program shall be deposited in the special account of the State Conservation Committee and expended as provided in this article.
(8) To promulgate emergency and legislative rules to effectuate the provisions of this article as amended and reenacted by the Legislature during the regular session of the Legislature in the year two thousand five.
(9)Upon a Governor's proclamation declaring a State of Emergency or Federal Disaster Declaration, the State Committee, it's employees or agents may enter any water of the state for the purpose of removing debris and other obstruction which impede water flow and present additional flood hazards. The agency shall make reasonable efforts to secure the permission of the landowner before entering any private property in connection with these removal activities. The exercise of this limited authority does not constitute taking of private property or trespass. This authority shall continue for the duration of the Governor's Proclamation or the Federal Disaster Declaration.
(10) The State Conservation Committee is continued until the first day of July, two thousand twelve, pursuant to the provisions of article four, chapter ten of the code of West Virginia, unless sooner terminated, continued or reestablished pursuant to the provisions of that article.
§19-21A-5. Continuation of conservation districts.
The conservation districts formed throughout the state under the prior enactments of this section are continued and shall remain in effect until reformed or reorganized as provided in section fourteen of this article.
§19-21A-6. Election of supervisors for each district; filling vacancies.

Within thirty days after the date of issuance by the Secretary of State of a certificate of organization of a conservation district, nominating petitions may be filed with the state conservation committee to nominate candidates for supervisors of the district.
(a) Beginning with the two thousand eight general election, each county in a district shall elect, two nonpartisan supervisors: Provided, That any county with a population of one hundred thousand based on the most recent decennial census shall elect one additional supervisor and any county with a population over one hundred thousand based on the most recent decennial census shall elect one additional supervisor for each fifty thousand residents over one hundred thousand.
(b) A candidate for supervisor shall own land in the district and have the education, training or experience necessary to carry out the duties required by this article and rules promulgated thereunder. A candidate shall file with the committee a sworn written statement specifying that he or she meets the requirements of office. A candidate may not be placed on the ballot or be seated as a supervisor unless he or she meets ~~these~~ the requirements.
(c) The committee shall provide a list of qualified candidates to the Secretary of State no less than ninety days prior to any election for supervisor ~~at the time and~~ in the manner specified by the Secretary.
(d) ~~The committee shall have authority to extend the time within which nominating petitions may be filed.~~ No nominating petition ~~shall~~ may be accepted by the committee unless it is subscribed by twenty-five or more owners of lands lying within the boundaries of the district and within the boundaries of the county in which the candidate resides. ~~Registered voters~~ Landowners in the district may sign more than one nominating petition to nominate more than one candidate for supervisor.
(e) All registered voters in the district ~~shall be~~ are eligible to vote in the election for ~~two~~ candidates from the county ~~or portion thereof~~ within the boundaries of the district in which ~~they reside~~ the voter resides. The ~~two~~ candidates in each county who receive the largest number of votes cast in the election shall be elected supervisors for ~~district~~ that county.
(f) Supervisors shall be elected in the general election to be conducted in the year two thousand eight as nonpartisan candidates. Thereafter, supervisors shall be elected in the primary election. The term of office for the candidate for supervisor receiving the highest number of votes in the general election of two thousand eight shall be for four years; the candidate for supervisor receiving the second highest number of votes in the general election of two thousand eight shall be for two years~~, commencing on the first day of January, two thousand nine, and ending on the thirty-first day of December, two thousand eleven~~. In counties where more than two supervisors are elected in the general election of two thousand eight the two supervisors receiving the highest number of votes shall serve for four years and the remaining supervisor or supervisors shall serve for two years. Subsequent terms of office for supervisors elected thereafter shall be for four years. The provisions of chapter three shall apply to election of supervisors.
(g) Persons currently holding the position of supervisor shall, regardless of the expiration of the currently designated term of office, continue to serve until the ~~two thousand eight~~ election and qualification of his or her successor. ~~Unless otherwise provided or in conflict with this article, the~~ ~~provisions of chapter three shall apply to election of supervisors.~~
(h) Any vacancy occurring in the office of supervisor shall be filled by the committee by appointment of a person from the county in which the vacancy occurs. Within fifteen days after the vacancy occurs, the district shall submit a list of names of persons qualified to be a supervisor. If the unexpired term is for less than two years and two months, the appointed person shall hold office until the expiration of the term. If the unexpired term is for more than two years and two months, the appointed person shall hold the office until a successor is elected in the next primary or general election and qualified.

§19-21A-7. Supervisors to constitute governing body of district; qualifications and terms of supervisors; powers and duties.

(a) The governing body of the district consists of the supervisors, appointed or elected, as provided in this article. The supervisors shall be persons who are by training and experience qualified to perform the specialized skilled services which are required of them in the performance of their duties under this section and shall be legal residents and landowners in the district.
(b) The supervisors shall designate a chairperson and may, from time to time, change the designation. On and after the election of supervisors in two thousand eight, the term of office of each elected supervisor is four years. A supervisor holds office until his or her successor has been elected or appointed. In case a new county ~~or portion of a county~~ is added to a district, the committee may appoint ~~a supervisor~~ two supervisors to represent it the county until the next regular election of supervisors for the district takes place. If a vacancy occurs among the elected supervisors of a district, the committee shall appoint a successor from the same county to fill the unexpired term. The appointment shall be made from a name or list of names submitted by the conservation district.
(c) A supervisor is entitled to reasonable and necessary expenses and a per diem ~~not to exceed thirty dollars~~ of not more than one hundred fifty dollars nor less than thirty dollars when engaged in the performance of his or her duties. The expense and per diem rate shall be established by the state committee based on availability of funds.
(d) The supervisors may, with the approval of the State Conservation Committee, employ a secretary, dam monitors, technical experts and any other officers, agents and employees, permanent and temporary, either with or without compensation, as they may require and shall determine their qualifications, duties and compensation, if any. Dam monitors, as specified in any emergency action plan or monitoring plan approved by the Department of Environmental Protection pursuant to its dam safety rules, pertaining to a flood control structure operated or maintained by a soil conservation district, and any other employees, agents or officers employed pursuant to this section, are 'employees' of the district within the meaning of subsection (a), section three, article twelve-a, chapter twenty-nine of this code.
(e) The supervisors may delegate to their chairperson, to one or more supervisors or to one or more agents, or employees, those administrative powers and duties they consider proper. The supervisors shall furnish to the State Conservation Committee, upon request, copies of the ordinances, rules, orders, contracts, forms and other documents they adopt or employ and any other information concerning their activities required in the performance of State Conservation Committee's duties under this article.
~~(e)~~ (f) The supervisors shall:
(1) Require the execution of surety bonds for all employees and officers who are entrusted with funds or property;
(2) Provide for the keeping of a full and accurate record of all proceedings and of all resolutions, rules and orders issued or adopted; and
(3) Provide for an annual audit of the accounts of receipts and disbursements.
~~(f)~~ (g) Any supervisor may be removed by the State Conservation Committee upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason.
~~(g)~~ (h) The supervisors may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors of a district on all questions of program and policy which may affect the property, water supply or other interests of the municipality or county.
§19-21A-8. Powers of districts; additional powers of supervisors.
A conservation district organized under the provisions of this article and the supervisors thereof shall have the following powers, in addition to others granted in other sections of this article:
(1) To conduct surveys, investigations and research relating to the character of soil erosion and floodwater and sediment damage and to the conservation, development, utilization and disposal of water and the preventive and control measures needed to publish the results of such surveys, investigations or research and to disseminate information concerning such preventive and control measures and works of improvement: Provided, That in order to avoid duplication of research activities, no district shall initiate any research program or publish the results except with the approval of the state committee and in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies;
(2) To conduct demonstrational projects within the district on lands owned or controlled by this state or any of its agencies, with the consent and cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner and occupier of the lands or the necessary rights or interests in the lands in order to demonstrate by example the means, methods and measures by which soil and soil resources may be conserved and soil erosion in the form of soil washing may be prevented and controlled and works of improvement may be carried out;
(3) To carry out preventive and control measures and works of improvement within the district, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land and the measures listed in subsection (c), section two of this article on lands owned or controlled by this state or any of its agencies with the consent and cooperation of the agency administering and having jurisdiction thereof and on any other lands within the district upon obtaining the consent of the owner and occupier of such lands or the necessary rights or interests in such lands;
(4) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any occupier of lands within the district in the carrying on of erosion-control and prevention operations and works of improvement within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this article;
(5) To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise or otherwise, any property, real or personal, or rights or interests therein; to institute condemnation proceedings to acquire any property, real or personal, or rights or interests therein, whether or not located in the district, required for works of improvement; to maintain, administer and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of this article; and to sell, lease or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of this article;
(6) To make available, on such terms as it shall prescribe, to land occupiers within the district agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings and such other material or equipment as will assist such land occupiers to carry on operations upon their lands for the conservation of soil resources and for the prevention and control of soil erosion and for flood prevention or the conservation, development, utilization and disposal of water;
(7) To construct, improve, operate and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this article;
(8) To develop with the approval of the state committee comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion and for flood prevention or the conservation, development, utilization and disposal of water within the district. The plans shall specify, in as much detail as may be possible, the acts, procedures, performances and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices and changes in use of land; and to publish such plans and information and bring them to the attention of occupiers of lands within the district;
(9) To take over, by purchase, lease or otherwise, and to administer any soil-conservation, flood-prevention, drainage, irrigation, water-management, erosion-control or erosion-prevention project, or combinations thereof, located within its boundaries, undertaken by the United States or any of its agencies, or by this state or any of its agencies; to manage, as agent of the United States or any of its agencies, or of this state or any of its agencies, any soil-conservation, flood-prevention, drainage, irrigation, water-management, erosion-control or erosion-prevention project, or combinations thereof, within its boundaries; to act as agent for the United States or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation, or administration of any soil-conservation, flood-prevention, drainage, irrigation, water-management, erosion-control or erosion-prevention project, or combinations thereof, within its boundaries; to accept donations, gifts, contributions and grants in money, services, materials or otherwise, from the United States or any of its agencies, or from this state or any of its agencies, or from any other source and to use or expend such money, services, materials or other contributions in carrying on its operations;
(10) To sue and be sued in the name of the district; to have a seal, which shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to make and, from time to time, amend and repeal rules and regulations not inconsistent with this article to carry into effect its purposes and powers;
(11) As a condition to this extending of any benefits under this article to, or the performance of work upon, any lands, the supervisors may require contributions in money, services, materials or otherwise to any operations conferring such benefits and may require land occupiers to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damage thereon;
(12) No provisions with respect to the acquisition, operation or disposition of property by other public bodies shall be applicable to a district organized hereunder in its acquisition, operation and disposition of property unless the Legislature shall specifically so state;
(13) To enter into contracts and other arrangements with agencies of the United States, with persons, firms or corporations, including public corporations, with the state government of this state or other states, or any department or agency thereof, with governmental divisions, with soil conservation, drainage, flood control, soil erosion or other improvement districts in this state or other states, for cooperation or assistance in constructing, improving, operating or maintaining works of improvement within the district, or in preventing floods, or in conserving, developing, utilizing and disposing of water in the district, or for making surveys, investigations or reports thereof; and to obtain options upon and acquire property, real or personal, or rights or interests therein, in other districts or states required for flood prevention or the conservation, development, utilization and disposal of water within the district and to construct, improve, operate or maintain thereon or therewith works of improvement.
§19-21A-9. Cooperation between districts.
The supervisors of any two or more districts organized under the provisions of this article may cooperate with one another in the exercise of any or all powers conferred in this article.
§19-21A-10. Cooperation between state agencies and districts.
Agencies of this state which have jurisdiction over or be charged with the administration of, any state-owned lands, and of any county, or other governmental subdivision of the state, which have jurisdiction over, or be charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district organized hereunder, may cooperate with the supervisors of the districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this article. When such cooperation is undertaken, the supervisors of the districts shall be given free access to enter and perform work upon the publicly owned lands.

§19-21A-11. Authority of governmental divisions to expend money for works of improvement; levy.

The governing body of any governmental division which may reasonably be expected to receive a benefit from the construction, improvement, operation or maintenance of any works of improvement may expend money for such construction, improvement, operation or maintenance if this expectation exists as to any part of the governmental division and even though such works of improvement are not located within the corporate limits of the governmental division or are not within this state: Provided, That if the expenditure is not made directly by the governmental division for such purpose, it shall be made only through a conservation district or watershed improvement district organized under the laws of this state, but it shall not be necessary that any part of the governmental division be within the limits of the district through which the expenditure is made. ~~Such~~ The governing bodies or governmental divisions may set up in their respective budgets funds to be spent for such purposes and municipalities and counties may levy and collect taxes for such purposes in the manner provided by law: Provided, however, That in case sufficient funds cannot be raised by ordinary levies, additional funds may be raised by municipalities and counties as provided by section sixteen, article eight, chapter eleven of this code.
§19-21A-12. Assurances of cooperation by governmental division.
(a) By vote of the governing body, any governmental division authorized to expend money on works of improvement by section eleven of this article may alone, or in combination with any other governmental division or divisions authorized to expend money on works of improvement, give assurances, by contract or otherwise, satisfactory to agencies of the United States, congressional committees or other proper federal authority and to conservation districts or watershed improvement districts organized under the laws of this state that the governmental division or divisions will construct, improve, operate or maintain works of improvement or will appropriate a sum or sums of money and expend it for such purposes as provided in section eleven of this article.
(b) The assurances, whether by contract or otherwise, shall be reduced to writing and before final approval of the governing bodies involved shall be submitted to the Attorney General for approval. After approval by the Attorney General and by the governing body or bodies concerned, certified copies of the assurances shall be filed in the office of the county clerk of the county or counties in which the governmental division is located and in the office of the state Tax Commissioner.
(c) Any assurance hereunder may be valid and binding for a period of time not to exceed fifty years.

§19-21A-13. Contracts with district for construction of flood control projects; power to borrow money; levy.

The county commission of each county and the governing body of each municipality in the state are hereby authorized and empowered to enter into a contract or agreement with the conservation district or districts for the purpose of constructing flood control projects within their respective counties or municipalities or adjacent thereto and to use the projects as recreational areas or public parks. For the purpose of defraying the cost of any such project or projects, the county commission or the governing body of any municipality is hereby authorized to borrow from the federal government or from any federal agency having money to loan, a sum sufficient to cover the cost of such project or projects. For the purpose of retiring any indebtedness incurred under the provisions of this section, notwithstanding any other provisions of law, the county commission or the governing body of any municipality is hereby authorized to lay and impose a county or citywide levy as the case might be.
§19-21A-14. Discontinuing and reforming districts.
(a) At any time after five years following the organization of a district under the provisions of this article, any twenty-five owners of land lying within the boundaries of a district may file a petition with the State Conservation Committee praying, that the district be discontinued and the county or counties of the district be added to another district or districts.
(b) The committee shall conduct one or more public meetings or public hearings upon the petition in the affected county or counties including the district or districts which may accept one or more counties from the district being discontinued. After the public meetings or hearings have been held by the committee, it shall notify the Secretary of State that a referendum question is to be added to the ballot of the next primary or general election to be held in the county or counties of the affected districts.
(c) The questions shall be submitted by ballots or electronic voting system upon which the words "For discontinuing the (name of the conservation district to be here inserted) and adding __________(county or counties) to____________ (district or districts) (If one or more counties in a district are to be combined with one or more other districts, each combination must be specified.)" and "Against discontinuing the (name of the conservation district to be here inserted)" shall appear, with a square before each proposition and a direction to mark the square before one or the other of the propositions as the voter may favor or oppose discontinuance of the district. All registered voters lying within the boundaries of the district to be discontinued and the district or districts to which all or part of the district being discontinued may be added are eligible to vote on the referendum.
(d) If a majority of the votes cast in the referendum are in favor of discontinuing the district, the supervisors shall proceed to terminate the affairs of the district. The supervisors of the district being discontinued shall file an application to discontinue the district with the Secretary of State. The application shall recite the process undertaken in discontinuing the district and the distribution of the property, assets, liabilities, contracts, duties and responsibilities and transfer of territory to one or more districts.
(e) The Secretary of State shall issue to the supervisors a certificate of discontinuance and shall record the certificate in an appropriate book of record in his or her office.
(f) The supervisors of the district or districts gaining all or part of the discontinued district shall file an application with the Secretary of State adding the additional territory to such district or districts.
(g) The property, assets, liabilities, contracts, duties and responsibilities of the district shall be assigned in accordance with the division of the district.
(h) All contracts entered into by the district being discontinued or its supervisors are parties shall remain in force and effect for the period provided in the contract. The reformed district receiving the assets, liabilities, duties and responsibilities related to the contract shall be substituted for the district or supervisors as party to such contracts. The reformed district shall be entitled to all benefits and subject to all liabilities under such contract and have the same right and liability to perform, to require performance, to sue and be sued theron and to modify or terminate such contracts by mutual consent or otherwise, as the supervisor or district would have had.
(i) The State Conservation Committee shall not entertain petitions for the discontinuance of any district nor conduct referenda upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this article more often than once in three years."
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 508), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Houston, and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 778) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 780, Relating to gift certificates; on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate Staton, laid over one day.
S. B. 781, Relating to long-term leases for wireless communication towers on public lands; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 3. PURCHASING DIVISION.

§5A-3-40a. Long-term leases of public lands for wireless communication towers.

(a) Notwithstanding any provision of law to the contrary, the secretary shall have sole authority to negotiate and enter into long-term lease agreements for lease of public lands, except those lands under the jurisdiction of the Division of Natural Resources, to be used for placement of wireless communication towers: Provided, That such long-term lease agreements may not be for periods in excess of thirty years.
(b) Any long-term lease agreement entered into pursuant to this section shall contain provisions allowing for the nonexclusive use of the public lands and allowance for use of the same public space for additional towers by competing persons or corporations.
(c) The secretary is further authorized to enter into long-term lease agreements for additional wireless communication towers by other persons or corporations upon the same public lands in which there already exists a lease and tower provided for under this section.
(d) Any long-term lease agreement entered into pursuant to this section shall be recorded in the office of the county clerk where public land which is the subject of the lease agreement is located.
§5A-3-42. Leasing for space rules and regulations.
The secretary shall have the power and authority to promulgate such rules and regulations as he may deem necessary to carry out the provisions of sections thirty-eight, thirty-nine, forty, forty-a and forty-one of this article."
On motion of Delegates Michael and Amores , the amendment was amended on page one, section forty-a, line nine, following the words "of public lands", by striking out the comma and the words "except those lands under the jurisdiction of the Division of Natural Resources" and the comma.
On page one, section forty-a, line thirteen, following the words "thirty years", by striking out the period and inserting in lieu thereof a semicolon and the words "Provided, however, That for the governmental units named in subsection (d), any lease proposed by the secretary may only be entered into upon approval in writing of the ranking administrator of the respective governmental unit described in subsection (d).
(b) All revenues derived from leases established upon the enactment of this section shall be deposited into the general revenue fund except as provided in subsections (c) and (d).
(c) Revenues from leases initiated prior to the enactment of this section or subsequently renewed shall continue to be treated as they were prior to the enactment of this section.
(d) Revenues derived from the lease of property under the control of the department of transportation shall be deposited into the state road fund. Revenues derived from the lease of property under the control of the division of natural resources shall be deposited into the state park improvement fund. Revenues derived from the lease of property under the control of the department of agriculture shall be deposited into the agriculture fees fund. Revenues derived from the lease of property under the control of the division of forestry shall be deposited into the division of forestry fund. Revenues derived from the lease of property under the control of institutions of higher education shall be deposited into the institution's education and general capital fees fund. Revenues derived from the lease of property under the control of higher education policy commission shall be deposited into the commission's state gifts grants and contracts fund. Revenues derived from the lease of property under the control of the West Virginia council for community and technical college education shall be deposited into the council's tuition and required educational and general fees fund."
The question now before the House being on the amendment recommended by the Committee on the Judiciary, as amendment, the same was put and prevailed.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 509), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Carmichael, Tucker and Walters.
Absent And Not Voting: Ferrell, Houston and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 781) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 781 -- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-40a; and to amend and reenact §5A-3-42 of said code, all relating to long-term leases for wireless communication towers on public lands; authorizing the Secretary of the Department of Administration to negotiate and enter into long-term lease agreements; excluding public lands under the jurisdiction of the Division of Natural Resources; limiting the duration and conditions of such agreements; requiring leases to be recorded with the clerk of the county commission; and directing the secretary to promulgate rules."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 785, Relating to school physical education requirements; on third reading, coming up in regular order, with the right to amend, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 510), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Ferrell, Houston and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 785) passed.
An amendment to the title of the bill, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the title to read as follows:
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4013, Budget Bill, making appropriations of public money out of the Treasury in accordance with Section 51, Article VI of the Constitution; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
Second Reading
S. B. 709, Relating to planning commission membership; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk on page twenty-nine, section three, line fifty-five, by inserting a semi-colon and the following:
"Provided, That no more than two persons who regularly conduct business in front of or with a planning commission may serve as members of the planning commission at the same time."
On, page thirty-three, section four, line fifty-four, by inserting a semi-colon and the following:
"Provided, That no more than two persons who regularly conduct business in front of or with a planning commission may serve as members of the planning commission at the same time."
On, page thirty-seven, section five, line sixty-thee, by inserting a semi-colon and the following:
"Provided, That no more than two persons who regularly conduct business in front of or with a planning commission may serve as members of the planning commission at the same time."
On motion of Delegates Blair, Ennis, Argento and Beane, the amendment was amended on line four, after the word, "That", by striking the words, "no more than two persons who regularly conduct business in front of or with a planning commission may serve as" and inserting in lieu thereof the words "such members do not constitute a majority of the".
On line ten, after the word, "That", by striking out the words, "no more than two persons who regularly conduct business in front of or with a planning commission may serve as" and inserting in lieu thereof, "such members do not constitute a majority of the".
On line sixteen, after the word, "That", by striking the words, "no more than two persons who regularly conduct business in front of or with a planning commission may serve as" and inserting in lieu thereof, "such members do not constitute a majority of the".
The question before the House being the amendment recommended by the Committee on Government Organization, as amended, the same was put and prevailed.
The bill was then ordered to third reading.
Delegate Doyle requested the Clerk record his as voting "Nay" on the adoption of the amendment to the Committee amendment.
H. B. 4863, Supplementing, amending, reducing, and increasing items of the existing appropriations from the state road fund to the department of transportation, division of highways; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
(Speaker Pro Tempore Pino in the Chair)
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell and Wakim.
Still being in possession of the Clerk, H. B. 4679, Relating to qualified charitable gift annuities, was taken up for further consideration.
On motion of Delegate Staton, the House of Delegates reconsidered the passage of the bill.
On further motion of the same Gentleman, the House of Delegates concurred in the Senate amendments with amendment, as follows:
On page one, by amending the title of the bill to read as follows:
H. B. 4679 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-13B-l, §33-13B-2, §33-13B-3, §33-13B-4, §33-13B-5 and §33- 13B-6, all relating to qualified charitable gift annuities; providing definitions; declaring issuance of certain annuities not business of insurance; requiring certain notices by issuers; and providing penalties."
The bill, as amended by the Senate, and further amended by the House, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 511), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Mr. Speaker, Mr. Kiss, Ferrell, Houston, Poling and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4696) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At 1:27 p.m., on motion of Delegate Staton, the House of Delegates recessed until 6:00 p.m., and reconvened at that time.
* * * * * * * * * * * * * * * * *
Evening Session
* * * * * * * * * * * * * * * * *
Action on Senate Messages
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
H. B. 4049, Relating to state funded student financial aid.
On motion of Delegate Staton, further consideration of the bill was then laid over one day.
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
Com. Sub. for H. B. 4096, Relating to amount of an appeal bond.
On motion of Delegate Staton, further consideration of the bill was then laid over one day.
The House of Delegates next proceeded to take up consideration of a message received from the Senate on yesterday, as to
Com. Sub. for H. B. 4135, Authorizing the Department of Environmental Protection to promulgate legislative rules.
On motion of Delegate Staton, further consideration of the bill was then laid over one day.
Reordering of the Calendar
Delegate Staton announced that the Committee on Rules had transferred H. B. 4500 and S. B. 558, on third reading, House Calendar, to the Special Calendar.
Third Reading
S. B. 557, Removing requirement for Shady Spring Turnpike interchange construction; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §17-16A-1, §17-16A-6, §17-16A-10, §17-16A-11, §17-16A-18, §17-16A-18a, §17- 16A-20, §17-16A-21, §17-16A-22 and §17-16A-29 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §17-16a-13a, all to read as follows:
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY.
§17-16A-1. Constructing, operating, financing, etc., parkway, economic development and tourism projects.

In order to remove the present handicaps and hazards on the congested highways and roads in the state of West Virginia, to facilitate vehicular traffic throughout the state, to promote and enhance the tourism industry and to develop and improve tourist facilities and attractions in the state, to promote the agricultural, economic and industrial development of the state, and to provide for the construction of modern express highways including center divisions, ample shoulder widths, longsight distances, the bypassing of cities, multiple lanes in each direction and grade separations at all intersections with other highways and railroads, to provide for the development, construction, improvement and enhancement of state parks, tourist facilities and attractions, and to provide for the improvement and enhancement of state parks presently existing, the West Virginia Parkways, Economic Development and Tourism Authority (hereinafter created) is hereby authorized and empowered to construct, reconstruct, improve, maintain, repair and operate parkway projects, economic development projects and tourism projects (as those terms are hereinafter defined in section five of this article) at such locations as shall be approved by the state department of transportation~~, and to issue parkway revenue bonds of the state of West Virginia, payable solely from revenues, to pay the cost of such projects~~.

§17-16A-6. Parkways Authority's powers.

(a) The Parkways Authority is hereby authorized and empowered:

(1) To adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) To adopt an official seal and alter the same at pleasure;
(3) To maintain an office at such place or places within the state as it may designate;
(4) To sue and be sued in its own name, plead and be impleaded. Any and all actions against the Parkways Authority shall be brought only in the county in which the principal office of the Parkways Authority shall be located;
(5) To construct, reconstruct, improve, maintain, repair and operate projects at such locations within the state as may be determined by the Parkways Authority: Provided, That the Parkways Authority shall be prohibited from constructing motels or any other type of lodging facility within five miles of the West Virginia Turnpike;
(6) To issue parkway revenue bonds of the state of West Virginia, payable solely from revenues, for the purpose of paying all or any part of the cost of any one or more projects, which costs may include, with respect to the West Virginia Turnpike, such funds as are necessary to repay to the state of West Virginia all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards: Provided, That upon the effective date of the amendments to this section enacted during the regular session of the Legislature in two thousand six, the authorization to issue bonds pursuant to this subsection is limited to that of refunding bonds pursuant to subdivision seven of this subsection;
(7) To issue parkway revenue refunding bonds of the state of West Virginia, payable solely from revenues, for any one or more of the following purposes: (i) Constructing improvements, enlargements or extensions to the project in connection with which the bonds to be refunded were issued; (ii) paying all or part of the cost of any additional project or projects; (iii) refunding any bonds which shall have been issued under the provisions of this article or any predecessor thereof; and ~~(iv)~~ (ii) repaying to the state all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards;
(8) To fix and revise from time to time tolls for transit over each parkway project constructed by it or by the West Virginia Turnpike Commission;
(9) To fix and revise from time to time rents, fees or other charges, of whatever kind or character, for the use of each tourism project or economic development project constructed by it or for the use of any building, structure or facility constructed by it in connection with a parkway project;
(10) To acquire, hold, lease and dispose of real and personal property in the exercise of its powers and the performance of its duties under this article: Provided, That the authority may not finance any transaction to acquire, hold or lease real property;
(11) To acquire in the name of the state by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the right of condemnation in the manner hereinafter provided, such public or private lands, including public parks, playgrounds or reservations, or parts thereof or rights therein, rights-of-way, property, rights, easements and interests, as it may deem necessary for carrying out the provisions of this article: Provided, That the authority may not finance any transaction to acquire real property. No compensation shall be paid for public lands, playgrounds, parks, parkways or reservations so taken, and all public property damaged in carrying out the powers granted by this article shall be restored or repaired and placed in its original condition as nearly as practicable;
(12) To designate the locations, and establish, limit and control such points of ingress to and egress from each project as may be necessary or desirable in the judgment of the Parkways Authority to ensure the proper operation and maintenance of such project, and to prohibit entrance to such project from any point or points not so designated;
(13) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this article, and to employ consulting engineers, attorneys, accountants, architects, construction and financial experts, trustees, superintendents, managers and such other employees and agents as may be necessary in its judgment, and to fix their compensation. All such expenses shall be payable solely from the proceeds of parkway revenue bonds or parkway revenue refunding bonds issued under the provisions of this article, tolls or from revenues;
(14) To make and enter into all contracts, agreements or other arrangements with any agency, department, division, board, bureau, commission, authority or other governmental unit of the state to operate, maintain or repair any project;
(15) To receive and accept from any federal agency grants for or in aid of the construction of any project, and to receive and accept aid or contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made;
(16) To do all acts and things necessary or convenient to carry out the powers expressly granted in this article; and
(17) To file the necessary petition or petitions pursuant to Title 11, United States Code, Sec. 401 (being section 81 of the act of Congress entitled 'An act to establish a uniform system of bankruptcy throughout the United States,' approved July 1, 1898, as amended) and to prosecute to completion all proceedings permitted by Title 11, United States Code, Secs. 401-403 (being sections 81 to 83, inclusive, of said act of Congress). The state of West Virginia hereby consents to the application of said Title 11, United States Code, Secs. 401-403, to the Parkways Authority.
(b) Nothing in this article shall be construed to prohibit the issuance of parkway revenue refunding bonds in a common plan of financing with the issuance of parkway revenue bonds: Provided, That upon the effective date of the amendments to this section enacted during the regular session of the Legislature in two thousand six, the authorization to issue bonds pursuant to this subsection is limited to that of refunding bonds pursuant to sections twenty-one and twenty-two of this article.
§17-16A-10. Parkway revenue bonds generally.
(a) The Parkways Authority is authorized to provide by resolution for the issuance of parkway revenue bonds of the state for the purpose of paying all or any part of the cost of one or more projects: Provided, That this section shall not be construed as authorizing the issuance of parkway revenue bonds for the purpose of paying the cost of the West Virginia Turnpike, which parkway revenue bonds may be issued only as authorized under section eleven of this article. The principal of and the interest on bonds shall be payable solely from the funds provided for payment.
(b) The bonds of each issue shall be dated, shall bear interest at a rate as may be determined by the Parkways Authority in its sole discretion, shall mature at a time not exceeding forty years from their date or of issue as may be determined by the Parkways Authority, and may be made redeemable before maturity, at the option of the Parkways Authority at a price and under the terms and conditions as may be fixed by the Parkways Authority prior to the issuance of the bonds.
(c) The Parkways Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination of the bonds and the place of payment of principal and interest, which may be at any bank or trust company within or without the state.
(d) The bonds shall be executed by manual or facsimile signature by the chair of the Parkways Authority, and the official seal of the Parkways Authority shall be affixed to or printed on each bond, and attested, manually or by facsimile signature, by the secretary and treasurer of the Parkways Authority. Any coupons attached to any bond shall bear the manual or facsimile signature of the chair of the Parkways Authority.
(e) In case any officer whose signature or a facsimile of whose signature appears on any bonds or coupons shall cease to be an officer before the delivery of the bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until delivery. In case the seal of the Parkways Authority has been changed after a facsimile has been imprinted on the bonds, then the facsimile seal will continue to be sufficient for all purposes.
(f) All bonds issued under the provisions of this article shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. The bonds may be issued in coupon or in registered form, or both, as the Parkways Authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the recorders into coupon bonds of any bonds registered as to both principal and interest.
(g) The Parkways Authority may sell the bonds at a public or private sale at a price it determines to be in the best interests of the state.
(h) The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the parkway project or projects for which the bonds were issued, and shall be disbursed in a manner consistent with the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds.
(i) If the proceeds of the bonds of any issue, by error of estimates or otherwise, shall be less than the cost, then additional bonds may in like manner be issued to provide the amount of the deficit. Unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds, the additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued.
(j) If the proceeds of the bonds of any issue exceed the cost of the project or projects for which the bonds were issued, then the surplus shall be deposited to the credit of the sinking fund for the bonds.
(k) Prior to the preparation of definitive bonds, the Parkways Authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The Parkways Authority may also provide for the replacement of any bonds that become mutilated or are destroyed or lost.
(l) Bonds may be issued under the provisions of this article without obtaining the consent of any department, division, commission, board, bureau or agency of the state in accordance with this article.
(m) Notwithstanding any other provision of this code to the contrary, the authority may not issue parkway revenue bonds after the effective date of the amendments to this section enacted in the regular session of the Legislature in two thousand six: Provided, That the authority may issue revenue refunding bonds pursuant to sections twenty-one and twenty-two of this article for parkway revenue bonds previously issued prior to the effective date of the amendments to this section enacted in the regular session of the Legislature in two thousand six.
§17-16A-11. Parkway revenue bonds--West Virginia Turnpike; related projects.
(a) The Parkways Authority is authorized to provide by resolution, at one time or from time to time, for the issuance of parkway revenue bonds of the state in an aggregate outstanding principal amount not to exceed, from time to time, two hundred million dollars for the purpose of paying: (i) All or any part of the cost of the West Virginia Turnpike, which may include, but not be limited to, an amount equal to the state funds used to upgrade the West Virginia Turnpike to federal interstate standards; (ii) all or any part of the cost of any one or more parkway projects that involve improvements to or enhancements of the West Virginia Turnpike, including, without limitation, lane-widening on the West Virginia Turnpike and that are or have been recommended by the Parkways Authority's traffic engineers or consulting engineers or by both of them prior to the issuance of parkway revenue bonds for the project or projects; and (iii) to the extent permitted by federal law, all or any part of the cost of any related parkway project. For purposes of this section only, a 'related parkway project' means any information center, visitors' center or rest stop, or any combination thereof, and any expressway, turnpike, trunkline, feeder road, state local service road or park and forest road which connects to or intersects with the West Virginia Turnpike and is located within seventy-five miles of the turnpike as it exists on the first day of June, one thousand nine hundred eighty-nine, or any subsequent expressway, trunkline, feeder road, state local service road or park and forest road constructed pursuant to this article: Provided, That nothing in this section shall be construed as prohibiting the Parkways Authority from issuing parkway revenue bonds pursuant to section ten of this article for the purpose of paying all or any part of the cost of any related parkway project: Provided, however, That none of the proceeds of the issuance of parkway revenue bonds under this section shall be used to pay all or any part of the cost of any economic development project, except as provided in section twenty-three of this article: Provided further, That nothing in this section shall be construed as prohibiting the Parkways Authority from issuing additional parkway revenue bonds to the extent permitted by applicable federal law for the purpose of constructing, maintaining and operating any highway constructed in whole or in part with money obtained from the Appalachian regional commission as long as the highway connects to the West Virginia Turnpike as it existed as of the first day of June, one thousand nine hundred eighty- nine: And provided further, That, for purposes of this section, in determining the amount of bonds outstanding, from time to time, within the meaning of this section: Original par amount or original stated principal amount at the time of issuance of bonds shall be used to determine the principal amount of bonds outstanding, except that the amount of parkway revenue bonds outstanding under this section may not include any bonds that have been retired through payment, defeased through the deposit of funds irrevocably set aside for payment or otherwise refunded so that they are no longer secured by toll revenues of the West Virginia Turnpike: And provided further, That the authorization to issue bonds under this section is in addition to the authorization and power to issue bonds under any other section of this code: And provided further, That, without limitation of the authorized purposes for which parkway revenue bonds are otherwise permitted to be issued under this section, and without increasing the maximum principal par amount of parkway revenue bonds permitted to be outstanding, from time to time, under this section, the authority is specifically authorized by this section to issue, at one time or from time to time, by resolution or resolutions under this section, parkway revenue bonds under this section for the purpose of paying all or any part of the cost of one or more parkway projects that: (i) Consist of enhancements or improvements to the West Virginia Turnpike, including, without limitation, projects involving lane widening, resurfacing, surface replacement, bridge replacement, bridge improvements and enhancements, other bridge work, drainage system improvements and enhancements, drainage system replacements, safety improvements and enhancements, and traffic flow improvements and enhancements; and (ii) have been recommended by the authority's consulting engineers or traffic engineers, or both, prior to the issuance of the bonds. Except as otherwise specifically provided in this section, the issuance of parkway revenue bonds pursuant to this section, the maturities and other details of the bonds, the rights of the holders of the bonds, and the rights, duties and obligations of the Parkways Authority in respect of the bonds shall be governed by the provisions of this article insofar as the provisions are applicable.
(b) Notwithstanding the provisions of subsection (a) of this section, no additional bonds authorized by the amendments to this section enacted during the regular session of the Legislature in the year two thousand four may be issued until the Parkways Authority has adopted by written resolution a final, irrevocable decision to fully fund and complete the construction of a Shady Spring connector and interchange connecting to the West Virginia Turnpike from its toll funds or from the proceeds of bonds issued for that purpose pursuant to subsection (a) of this section, or from both, or funded, in whole or in part, by federal highway funds if they are available Notwithstanding any other provision of this code to the contrary, the authority may not issue parkway revenue bonds after the effective date of the amendments to this section enacted in the regular session of the Legislature in two thousand six: Provided, That the authority may issue revenue refunding bonds pursuant to sections twenty-one and twenty-two of this article for parkway revenue bonds previously issued prior to the effective date of the amendments to this section enacted during the regular session of the Legislature in two thousand six.
§17-16A-13a. Public notice & hearing requirements.
(a) Notwithstanding any provision of the law to the contrary, on and after July 1, 2006, unless the Parkways Authority satisfies the public notice and hearing requirements set forth in this section, it may not:
(1) Increase any rates, tolls or charges along any portion of the parkway, or approve any proposal or contract that would result in or require an increase in any rates or tolls along any portion of the parkway;
(2) Issue any refunding bond pursuant to sections twenty-one and twenty-two of this article which would require the Parkways Authority to increase rates, tolls or charges;
(3) Approve any contract or project which would require or result in an increase in the rates, tolls or charges along any portion of the parkway; or,
(4) Take any other action which would require or result in an increase in the rates, tolls or charges along any portion of the parkway.
(b) The Parkways Authority shall publish notice of any proposed contract, project or bond which would result in or require an increase in any toll rates or charges, or the extension of any bond repayment obligation, along with the associated rate increase or revised bond repayment period, by a Class II legal advertisement in accordance with the provisions of article three, chapter fifty-nine of this code, published and of general circulation in each county which borders the parkway.
(c) Once notice has been provided in accordance with the provisions of this section, the Parkways Authority shall conduct a public hearing in each county which borders the parkway, and any citizen may communicate by writing to the Parkways Authority his or her opposition to or approval of such proposal or rate or toll increase or amended bond terms. The public notice and written public comment period shall be conducted not less than forty-five days from the publication of the notice, and the affected public must be provided with at least twenty (20) days notice of each scheduled public hearing.
(d) All studies, records, documents and other materials which were considered by the Parkways Authority before recommending the approval of any such project or recommending the adoption of any such increase shall be made available for public inspection for a period of at least twenty days prior to the scheduled hearing at a convenient location in each county where a public hearing shall be held.
(e) At the conclusion of all required public hearings, the Parkways Authority shall render a final decision which shall include written findings of fact supporting its final decision on any proposed project which would result in or require a rate increase, or prior to finally approving any proposed rate or toll increase, and such required findings and conclusions must reference and give due consideration to the public comments and additional evidence offered during the public hearings.
(f) On and after July 1, 2006, any final action taken by the Parkways Authority to approve or implement any proposed rate increase, contract or project which would require or result in a proposed increase of any rate or tolls along any portion of the parkway without first satisfying the public notice and hearing requirements of this section, shall be null and void.
§17-16A-18. Cessation of tolls.
(a) Except as provided herein, when all bonds issued under the provisions of this article in connection with any parkway project or projects and the interest thereon shall have been paid or a sufficient amount for the payment of all such bonds and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the bondholders, such project or projects, if then in good condition and repair to the satisfaction of the commissioner of the state division of highways, shall be transferred to the state division of highways and shall thereafter be maintained by the state division of highways free of tolls: ~~Provided,~~ That the Parkways Authority may thereafter charge tolls for the use of any such project and for the reconstruction, improvement, maintenance and repair thereof, except as may be limited by applicable federal laws, and pledge such tolls to the payment of bonds issued under the provisions of this article in connection with another project or projects, or any combination thereof, but any such pledge of tolls of a parkway project to the payment of bonds issued in connection with another project or projects shall not be effectual until the principal of and the interest on the bonds issued in connection with the first mentioned project shall have been paid or provision made for their payment.
(b) No later than the first day of February, one thousand nine hundred ninety, the Parkways Authority shall discontinue, remove and not relocate all toll collection facilities on the West Virginia Turnpike as the same existed on June first, one thousand nine hundred eighty-nine, except for the three main toll barriers and collection facilities, and provided solely that the provisions of section eighteen-a are complied with, the toll collection facilities at the intersection of U.S. Route 19 (Corridor "L") and said turnpike: ~~Provided,~~ That nothing herein may be construed to prohibit placement of new tolls to the extent permitted by federal law for any new expressway, turnpike, trunkline, feeder road, state local service road, or park and forest road connected to the West Virginia Turnpike and constructed after the first day of June, one thousand nine hundred eighty-nine.
§17-16A-18a. Corridor "L" toll fees authorized; commuter pass; annual report.
(a) The Parkways Authority is hereby authorized to operate the currently existing toll collection facility located at the interchange of U.S. Route 19 (Corridor "L") and said turnpike subject to the following:
(1) The toll fee charges by the Parkways, Economic Development and Tourism Authority at its toll facilities located at the interchange of U.S. Route 19 (Corridor "L") and said turnpike shall not exceed those toll charges levied and collected by the authority at said interchange as of the first day of January, one thousand nine hundred ninety, and hereafter, no proposed increase in such toll fees shall be implemented by the Parkways Authority unless the authority shall have first complied with validly promulgated and legislatively approved rules ~~and regulations~~ pursuant to the applicable provisions of chapter twenty-nine-a of this code;
(2) ~~As soon as reasonably possible after the effective date of this legislation, but in no event later than the first day of July, one thousand nine hundred ninety, the~~ The Parkways Authority shall ~~establish~~ maintain, advertise, implement and otherwise make generally available to all qualified members of the public, resident or nonresident, a system of commuter passes, in a form to be determined by the authority: Provided, That said system of commuter passes shall, at a minimum, permit the holder of such pass or passes, after paying the applicable fee to the authority, to travel through the U.S. Route 19 (Corridor "L") turnpike interchange and toll facilities on an unlimited basis, without additional charge therefor, for a period of one year after the issuance of said commuter pass or passes: Provided, however, That the cost for such commuter pass or passes shall in no event aggregate more than five dollars per year for a full calendar year of unlimited travel through the U.S. Route 19 (Corridor "L") turnpike interchange toll facilities. Applications for these commuter passes are to be made available by the Parkway Authority to every Division of Motor Vehicles office in the state.
To the extent required or necessary, the Parkways Authority is further hereby authorized and empowered, in addition to the extent previously authorized and empowered pursuant to section six and section thirteen-b, article sixteen-a of this chapter, to promulgate rules in accordance with chapter twenty-nine-a of this code with regard to the implementation of proposed future toll increases at the U.S. Route 19 (Corridor "L") turnpike toll facility;
(3) The system of commuter passes implemented in accordance with the provisions of subdivision (2), subsection (a), above, shall be available only for use when operating or traveling in a Class "A" motor vehicle as herein defined. Whoever shall knowingly or intentionally utilize any commuter pass issued in accordance with this section while operating other than a Class "A" motor vehicle, as herein defined, at the U.S. Route 19 (Corridor "L") turnpike toll facility, or any other toll facility at or upon which such pass may later be usable, shall be guilty of a misdemeanor, and for every such offense shall, upon conviction thereof, be punished in accordance with the provisions of section seventeen, article sixteen-a of this chapter; and the Parkways Authority shall hereafter be authorized and empowered to cancel any such commuter pass or passes improperly used in accordance with this section;
(4) In addition to the annual report required by section twenty-six of this article, the Parkways Authority will prepare and deliver to the Governor, the Speaker of the House of Delegates and the President of the Senate a separate annual report of toll revenues collected from the U.S. Route 19 (Corridor "L") turnpike toll facility. The report shall disclose separately the toll revenues generated from regular traffic and the commuter pass created herein. The reports shall include, but not be limited to, disclosing separately the expenditure of said toll revenues generated from the U.S. Route 19 (Corridor "L") turnpike toll facility including a description of the purposes for which such toll revenues are expended;
(5) In the event any court of competent jurisdiction shall issue an order which adjudges that any portion of subdivision (1), (2) or (3) subsection (a) of this section is illegal, unconstitutional, unenforceable or in any manner invalid, the Parkways Authority shall discontinue, remove and not otherwise relocate the U.S. Route 19 (Corridor "L") turnpike toll facility within three hundred sixty-five days after the date upon which said court order is final or all appeals to said order have been exhausted;
(6) For the purpose of this section, a Class "A" vehicle shall be defined as a motor vehicle of passenger type and truck with a gross weight of not more than 8,000 pounds and registered or eligible for registration as a Class "A" vehicle in accordance with section one, article ten, chapter seventeen-a of this code as the same is currently constituted; and
(7) Notwithstanding any other provisions of the this code to the contrary, the Parkways Authority may not promulgate emergency rules in accordance with section fifteen, article three, chapter twenty-nine-a of this code to increase or decrease toll fees or the commuter pass fee established herein.
(b) Nothing in this section is to be construed to apply to, regulate, or in any manner affect the operation of the three main line toll barriers and toll collection facilities currently located on the West Virginia Turnpike and operated by the Parkways Authority as Barrier A, Barrier B and Barrier C (I-64, I-77).
§17-16A-20. Parkway projects part of state road system.
It is hereby declared that any expressway, turnpike, feeder road, state local service road or park and forest road or other road, or any subsequent expressway, turnpike feeder road, state local service road, park and forest road or other road constructed pursuant to this article shall be a part of the state road system, although subject to the provisions of this article and of any bonds or trust agreements entered into pursuant thereto, and that the construction of such parkway projects shall be considered as developments of the state road system. Any other provisions of this article to the contrary notwithstanding, in order to encourage the development of the state road system, the state is authorized in its discretion to pledge by resolution and agreement annually to pay from the state road fund, subject to all prior commitments of such fund which shall be stated in the resolution and agreement, the amount of any yearly deficit between the principal and interest requirements of any such parkway project or portion thereof hereafter constructed and the amount available in the hands of the Parkways Authority to pay such requirements, up to three fourths of one percent of the estimated or actual construction cost of such parkway project or portion thereof for which such pledge is made, until any bonds issued and interest due upon the basis of such a pledge have been fully paid and satisfied: Provided, That the state department of highways shall enter into no agreement with underwriters on any bond issue for the purpose of constructing or aiding in the construction of any toll road unless and until there is filed with the Parkways Authority a report and finding of reputable traffic engineers of national standing, showing that the earnings from the proposed toll road will be sufficient to provide annual income in an amount at least large enough to cover the annual cost of retiring the indebtedness, including interest, sinking fund and operating costs of such toll highway.
§17-16A-21. Parkway revenue refunding bonds--Generally.
The Parkways Authority is hereby authorized to provide by resolution for the issuance of parkway revenue refunding bonds of the state for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds; and, if deemed advisable by the Parkways Authority, for the additional purpose of constructing improvements, extensions or enlargements of the project or projects in connection with which the bonds to be refunded shall have been issued: Provided, That this section shall not be construed as authorizing the issuance of parkway revenue refunding bonds for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this article, or any predecessor thereof, in connection with the construction of the West Virginia Turnpike, which revenue refunding bonds may be issued only as authorized under section twenty- two of this article. The Parkways Authority is further authorized to provide by resolution for the issuance of parkway revenue bonds of the state for the combined purpose of two or more of the following: (a) Refunding any bonds then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds; (b) paying all or any part of the cost of any additional project or projects; and (c) repaying to the state all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the Parkways Authority in respect of the same, shall be governed by the provisions of this article insofar as the same may be applicable. After the effective date of the amendments to this article enacted by the Legislature during the regular session in two thousand six, no issuance of a refunding bond may extend the maturity date of such bond being refunded and may not exceed the outstanding prinicipal of such bond being refunded. Any refunding bond issued after the effective date of the amendments to this article enacted by the Legislature during the regular session in two thousand six shall be structured to provide for approximately level annual debt service savings each fiscal year through the final maturity or structured to approximate the level of debt service that would have been paid prior to the refunding, with a preponderance of the savings being deferred toward eliminating or reducing the most distant maturities. For purposes of this section, the outstanding principal is to be determined as of the effective date of the amendments of this article enacted by the Legislature in the regular session two thousand six.
§17-16A-22. Parkway revenue refunding bonds--West Virginia Turnpike.
The Parkways Authority is hereby authorized to provide by resolution for the issuance of parkway revenue refunding bonds of the state in an aggregate principal amount not to exceed sixty million dollars for the purpose of refunding any bonds which shall have been issued under this article, or any predecessor thereof, in connection with the construction of the West Virginia Turnpike, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, to the extent permissible under federal law and if deemed advisable by the Parkways Authority, for ~~either or both of the following purposes: (a) Paying all or any part of the cost of any additional parkway project or projects, and (b)~~ repaying to the state all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards: Provided, That any proceeds derived from the issuance of such bonds which are used on any parkway project other than the West Virginia Turnpike must be used solely on parkway projects (i) which are either connected to or intersect with the West Virginia Turnpike and are within seventy-five air miles of said turnpike as it exists on the first day of June, one thousand nine hundred eighty-nine, or any subsequent expressway, trunkline, turnpike, feeder road, state local service road or park and forest road constructed pursuant to this article, and (ii) which involve the upgrading or addition of interchanges, the construction of expressways or feeder roads, or the upgrading or construction of information centers, visitors' centers, rest stops, or any combination thereof: Provided, however, That none of the proceeds of the issuance of parkway revenue refunding bonds issued under this section shall be used to pay all or any part of the cost of any economic development project~~, except as provided in section twenty-three of this article~~. Except as otherwise specifically provided in this section, the issuance of parkway revenue refunding bonds pursuant to this section, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the Parkways Authority in respect of the same, shall be governed by the provisions of this article insofar as the same may be applicable.
After the effective date of the amendments to this article enacted by the Legislature during the regular session in two thousand six, no issuance of a refunding bond may extend the maturity date of such bond being refunded and may not exceed the outstanding principal of such bond being refunded. Any refunding bond issued after the effective date of the amendments to this article enacted by the Legislature during the regular session in two thousand six shall be structured to provide for approximately level annual debt service savings each fiscal year through the final maturity or structured to approximate the level of debt service that would have been paid prior to the refunding, with a preponderance of the savings being deferred toward eliminating or reducing the most distant maturities. For purposes of this section, the outstanding principal is to be determined as of the effective date of the amendments of this article enacted by the Legislature during the regular session in two thousand six.

§17-16A-29. Discount program for purchasers of West Virginia EZ pass transponders.

~~The provisions of this article as amended or added by this act shall take effect on the first day of June, one thousand nine hundred eighty-nine~~ (a) The Parkways Authority is hereby authorized to create a discount program for purchasers of West Virginia EZ Pass Transponders: Provided, That prior to any increase in any rates, tolls or charges along any portion of the parkway, the Parkways Authority shall create a discount program for purchasers of West Virginia EZ Pass Transponders. Any discount program created pursuant to this section shall provide discounts for each class of motor vehicles.
(b) The authority must provide public notice and hold public hearings on any proposed discount program as required in section thirteen-a of this article prior to implementation of such program.
(c) For purposes of this section, a "West Virginia EZ Pass Transponder" means a device sold by the Parkways Authority which allows the purchaser to attach the device to his or her motor vehicle and travel through a Parkways toll facility and be billed for such travel by the authority."
On motion of Delegate Michael, the amendment was amended on pagetwenty-five, section twenty-one, line twenty-two, by striking the words "effective date of the amendments of this article enacted by the Legislature in the regular session two thousand six" and inserting in lieu thereof the words "date on which the revenue bond is refinanced".
And,
On page twenty-eight, section twenty-two, following line five, by striking the words "effective date of the amendments of this article enacted by the Legislature in the regular session two thousand six" and inserting in lieu thereof the words "date on which the revenue bond is refinanced".
The question before the House now being the adoption of the amendment recommended by the Committee on Finance, as amended, the same was put and prevailed.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 512), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Ferrell, Houston, Tabb and Wysong.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 557) passed.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 557 -- "A Bill to amend and reenact §17-16A-1, §17-16A-6, §17-16A-10, §17-16A-11, §17-16A-18, §17-16A-18a, §17-16A-20, §17-16A-21, §17-16a-22 and §17-16A-29 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-16A-13a, all relating to the West Virginia Parkways, Economic Development and Tourism Authority; eliminating the authority of the Authority to issue certain additional revenue bonds after the effective date of the amendments to the section; placing certain limitations on the authority of the Authority to issue revenue refunding bonds; limiting the purposes for which the Authority may issue revenue refunding bonds; limiting the authority of the Authority to acquire, hold or lease real property; limiting the ability of placement of new tolls; requiring public notice and hearings in certain circumstances; requiring certain procedures prior to any increase in rates, tolls or charges, approve certain contracts or proposals, issue refunding bonds, or take any action that would result in or require an increase in rates, tolls or charges; requiring applications for commuter passes at every division of motor vehicles office in the state; eliminating the authority to pledge state road funds in certain circumstances; and providing for a discount program."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 513), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Ferrell, Houston, Schoen, Tabb and Wysong.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 557) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4500, Providing for a salary adjustment for certain appointive state officers; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
S. B. 558, Providing salary adjustments for certain appointive state officers; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegate Michael, the bill was amended on page seven section two-a, lines eight and nine, by striking out the words "Director, Division of Juvenile Services, eighty-five thousand dollars", and inserting in lieu thereof the words "Director, Division of Juvenile Services, eighty thousand dollars " followed by a semicolon.
The bill was then read a third time.
Delegate G. White requested to be excused from voting on the passage of the bill under the provisions of House Rule 49, stating that his brother served on the Health Care Authority.
The Speaker declined to excuse the Gentleman from voting, stating that he did not demonstrate a direct pecuniary interest in the bill.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 514), and there were--yeas 73, nays 22, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Armstead, Ashley, Blair, Border, Brown, Canterbury, Carmichael, Duke, Frich, Howard, Hrutkay, Lane, Leggett, Overington, Porter, Rowan, Sobonya, Spencer, Stevens, Sumner, Tansill and Walters.
Absent And Not Voting: Butcher, Ferrell, Houston, Tabb and Wysong.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 558) passed.
Delegate Staton moved that the bill take effect July 1, 2006.
On this question, the yeas and nays were taken (Roll No. 515), and there were--yeas 84, nays 12, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Blair, Duke, Frich, Hrutkay, Lane, Porter, Rowan, Sobonya, Spencer, Stevens,Deb, Sumner and Tansill.
Absent And Not Voting: Butcher, Ferrell, Houston and Tabb.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 558) takes effect July 1, 2006.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Committee Reports
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 438, Regulating title insurance rates,
And reports the same back without recommendation as to its passage.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 438) was taken up for immediate consideration, read a second time, ordered to third reading and then, recommitted on the Committee on the Judiciary.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 496, Allowing out-of-state transport of legally obtained game,
And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 496) was taken up for immediate consideration, read a second time and then advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on third reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:

S. B. 444, Relating to proof of lawful disposal of solid waste,

And,
S. B. 578, Allowing Public Service Commission to order takeover of certain utilities,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 444 and S. B. 578) were each taken up for immediate consideration, read a second time and then advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on third reading.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 783, Relating to National Board for Professional Teaching Standards certification,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 783) was taken up for immediate consideration, read a first time and then ordered to second reading.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had filed a request for the removal of S. B. 783 from the Consent Calendar to the Special Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 644, Authorizing motor vehicle insurance verification program,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 644) was taken up for immediate consideration, read a second time and then ordered to third reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 792, Merging Fairmont State Community and Technical College with Fairmont State University; renaming Community and Technical College of Shepherd,
And reports the same back, with amendment, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 792) was taken up for immediate consideration, read a second time and then advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 361, Relating to investment powers of Investment Management Board,
And reports the same back, with amendment, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 361) was taken up for immediate consideration, read a second time and then advanced to third reading with the amendment pending and the rule was suspended to permit the offering and consideration of amendments on that reading.
Chairman Michael, from the Committee on Finance submitted the following report, which was received:
Your Committee on has had under consideration:
S. B. 587, Relating to increment pay for certain higher education faculty,
S. B. 774, Organizing offices in Department of Environmental Protection,
S. B. 653, Relating to duties of Chief Technology Officer; establishing Technology Infrastructure Fund,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that they each do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 587, S. B. 774 and S. B. 653) were taken up for immediate consideration, read a second time and then advanced to third reading with the amendments pending and the rule was suspended to permit the offering and consideration of amendments on third reading, and then, in accordance with House Rule 70a, placed on the Consent Calendar.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had filed a request for the removal of S. B. 587, S. B. 774 and S. B. 653 from the Consent Calendar to the Special Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
Com. Sub. for S. B. 205, Relating to sex offender registry,
And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 205) was taken up for immediate consideration, read a second time, advanced to third reading with the amendments pending, and the rule was suspended to permit the offering and consideration of amendments on that reading and then, in accordance with the provisions of House Rule 70a, ordered to the Consent Calendar.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had filed a request for the removal of S. B. 205 from the Consent Calendar to the Special Calendar.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2016, Increasing the maximum number of magistrate court deputy clerks that may be appointed from sixty-two to seventy-two.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2146, Relating to payment to magistrates who serve temporarily outside their elected counties.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2328, Giving precedential application to written advisory opinions issued by the ethics commission's committee on open governmental meetings.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2329, Authorizing a court to order a defendant to contribute monetarily or through hours of service to a local crime victim's assistance program.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 3201, Relating to the compensation of secretary-clerks to family court judges.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4004, Relating to the use of a traffic law photo-monitoring device to detect traffic law violations.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4007, Relating to updating appraisal standards employed by the Public Land Corporation.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4018, Relating to the community corrections subcommittee of the Governor's Committee on Crime, Delinquency and Correction.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4031, Relating to the Purchasing Division of the Department of Administration.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4036, Relating to soliciting or advocating murder, providing criminal penalties and specifying that the offenses and penalties are cumulative to other offenses and penalties.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4108, Allowing an osteopathic physician and surgeon to supervise up to three physician assistants generally.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 4112, Extending the time for the County Commission of Mineral County, West Virginia, to meet as a levying body.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4116, Increasing the amount of timber that can be sold on state Wildlife Management Areas, without sealed bids, from $500 to $5,000.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4119, Creating the ATV Responsibility Act.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4192, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for S. B. 4276, Updating the regulation of the practice of landscape architecture.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4279, Relating to the Massage Therapy Licensure Board.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4283, Providing a preference to West Virginia veterans in the awarding of state contracts in the competitive bidding process.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4307, Extending the weekend driving privileges of antique motor vehicles and motorcycles.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4313, Relating to petitions of appeal of domestic violence emergency protective orders.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4321, Relating to definitions and modifications of exemptions from notification and licensure with respect to lead abatement.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4368, Relating to penalties imposed against licensed wine sellers for ABC violations.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4386, Ratifying the National Crime Prevention and Privacy Compact.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4445, Permitting the Director of the Division of Forestry to recover costs incurred in fighting fires.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 4484, Extending the time for the county commission of Marion County, West Virginia, to meet as a levying body.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4489, Testing of electronic voting machines used for early voting in order to allow their use on election day.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4510, Removing language requiring the commission to maintain a registry and census of persons who are deaf or hard of hearing.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4536, Improving competition among telephone public utilities providing landline services.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4550, Clarifying current law requiring legislative approval of final designation of streams of special concern.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4569, Extending the time for the county commission of Harrison County, West Virginia, to meet as a levying body.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4596, Relating to the Director of the Office of Miners' Health, Safety and Training.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4606, Removing the requirement that complaints against licensees under the Real Estate Licensing Act be verified.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4625, Extending certain authority to professional personnel designee of school principal.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4632, Relating to employing homeland security and emergency service personnel.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4651, Relating to continuing the statewide poison center generally.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4694, Relating to abuse and neglect of children.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4721, Relating to the authorization of special messengers appointed by the County Clerk to deliver the ballot box to the central county center.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4790, Prescribing and modifying the duties of the Secretary of the Department of Health and Human Resources in child welfare placement.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B.4792, Authorizing the purchasing of certain services from a bank or trust company or an affiliate of a bank or trust company.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4842, Relating to the Skiing Responsibility Act.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 4854, Expert opinions of licensed psychologists in the treatment and evaluation of children and taking testimony of child witnesses.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended, of
S. B. 53, Changing ratio of school nurses to enrollment.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 125 - "A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 125) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 795 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Military Affairs and Public Safety - Office of Emergency Services, fund 0443, fiscal year 2006, organization 0606, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand six."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 795) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates to the bill and the refusal to concur in the House amendment to the title and further announced the passage, as amended, of
S. B. 219, Changing expiration date of graduated driver's licenses; prohibiting cell phone use by certain minors.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 419, Providing Public Service Commission jurisdiction for certain alternative sewer service methods.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 439, Strengthening one-call system requirements for excavators' damage.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 443, Continuing hazardous waste management fee.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 538, Relating to state employees' deferred compensation plan.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 556, Relating to state parks and recreation system operational contracts.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 693, Removing certain Court of Claims' review procedures.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 742, Revising Uniform Commercial Code.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 787, Creating Transportation Coordinating Council.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 788, Relating to elections.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 793, Making supplementary appropriation from State Fund, General Revenue, to various accounts.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 794, Expiring funds to unappropriated surplus balance State Fund, General Revenue, to various accounts and making supplementary appropriation to various accounts.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 2 - "Requesting the Joint Committee on Government and Finance study post- construction stormwater runoff."
Whereas, In recent years, West Virginia residents and businesses have endured repeated flooding in all parts of the state; and
Whereas, The nearly constant rebuilding of West Virginia communities after flooding has a significant impact on the West Virginia economy; and
Whereas, Land development projects affect local watersheds and increase stormwater run- off rates which cause flooding, stream channel erosion, sedimentation problems and increased water- borne pollutants; and
Whereas, Stormwater runoff, soil erosion and nonpoint source pollution can be controlled through the regulation of stormwater runoff from development sites; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study post- construction stormwater runoff; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 5- "Requesting the Joint Committee on Government and Finance study providing safe and affordable housing for State Police officers and their families."
Whereas, State Police officers are often required to transfer as job assignments, promotions and the public safety needs of this state require; and
Whereas, State Police officers and their families deserve to live in safe and affordable housing in the communities in which they serve; and
Whereas, The compensation of State Police officers does not account for the differential in housing costs throughout the state nor the ability of State Police officers to find safe and affordable housing for their families in high-cost housing areas of the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study providing safe and affordable housing for State Police officers and their families; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 50 - "Requesting the Joint Committee on Government and Finance study issues of income adequacy and analyze policies to help individuals striving for self-sufficiency."
Whereas, With the passage of welfare legislation in 1996 and the advent of work requirements and time limits, helping low-income persons or welfare recipients become self- sufficient has become a top priority; and
Whereas, The Self-Sufficiency Standard documents the cost of living that families of different sizes must meet to live independently without public or private assistance; and
Whereas, The Self-Sufficiency Standard shows that, for most families, earnings that are above the official poverty level or earnings that are high enough to disqualify them from welfare are nevertheless far below what they need to meet their families' basic needs; and
Whereas, The Self-Sufficiency Standard is currently being used to better understand issues of income adequacy, to analyze policy and to help individuals striving for self-sufficiency; and
Whereas, The West Virginia Community Voices Partnership has developed and calculated the Self-Sufficiency Standard for 70 different family types in each county and metropolitan area in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study issues of income adequacy and analyze policies to help individuals striving for self-sufficiency; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to study ways to help employers move toward meeting the Self-Sufficiency Standard for West Virginia workers as measured by the West Virginia Community Voices Partnership; and, be it
Further Resolved, That the Joint Committee on Government and Finance examine ways to use the Self-Sufficiency Standard as a benchmark to measure activity of public-sponsored economic development efforts, including, but not limited to, job creation and wage levels tracked by the Economic Development Authority and the West Virginia Development Office; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 65 - "Requesting the Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability study the feasibility of mandating that state hospitals and state long-term care facilities be subject to all state licensing rules and applicable statutory requirements."
Whereas, Nearly all legislative rules and statutes with respect to hospitals and long-term care facilities are inapplicable to state hospitals and state long-term care facilities; and
Whereas, The rules and statutes that place restrictions, require standards of care and mandate levels of patient safety should provide protection to all patients regardless of whether they receive health care in a state facility or a private facility; and
Whereas, Making state hospitals and state long-term care facilities abide by the same rules and statutory mandates as private hospitals and private long-term care facilities should only serve to offer uniform services and increase the standard of care for patients in state-operated facilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to direct the Legislative Oversight Commission on Health and Human Resources Accountability study the feasibility of mandating state hospitals and state long-term care facilities be subject to all state licensing rules and applicable statutory requirements; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability consult with representatives of both privately owned and operated health care facilities and state-operated facilities to gain insight into potentially expanding current rules and statutes to encompass state-operated hospitals and long-term care facilities; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 66 - "Requesting the Joint Committee on Government and Finance study the application process, contracts and employment of coaches within the state's public school system."
Whereas, It is necessary to assure that the children of West Virginia are being coached in public schools by those who are best qualified; and
Whereas, In order to verify fairness and equity among applicants for public school coaching positions, it is obligatory to assess the current criteria used to award coaching positions, as well as the structure of the contracts as awarded; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the application process, contracts and employment of coaches within the state's public school system; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 69 - "Requesting the Joint Committee on Government and Finance study voluntary farmland protection programs."
Whereas, Voluntary farmland protection programs provide for county farmland protection boards to implement the legislative purposes of farmland protection, including assistance with sustaining the farming community, providing sources of agriculture products for citizens, controlling encroachment of urban expansion on farms and woodlands, curbing the spread of urban blight and deterioration, protecting agricultural land and woodland, enhancing tourism and protecting lands which are inseparably associated with traditional farming; and
Whereas, In adopting these purposes, members of the Legislature intended that the fee revenue provided by voluntary farmland protection programs would be used to help farm families preserve their way of life and preserve farmlands for farming and agribusiness purposes; and
Whereas, It has been reported that county farmland protection boards established under the programs have abused the legislative purpose and intent of the program by using proceeds generated under the law for purposes not intended by the Legislature, including, but not limited to, buying residentially zoned land and historical structures within areas of cities and establishing new tax- funded bureaucracies with employees who are not involved in farming; and
Whereas, The West Virginia Agricultural Land Protection Authority is charged with assisting county farmland protection boards in applying for and obtaining all state and federal funding consistent with the purposes of voluntary farmland protection programs and has apparently failed to provide the necessary assistance where the programs are being abused; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study voluntary farmland protection programs; and, be it
Further Resolved, That the Joint Committee on Government and Finance determine whether the implementation of the programs meets the expectation of the Legislature and whether farm families and the business of farming are being supported and encouraged by the provisions of the programs; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 73 - "Requesting the Joint Committee on Government and Finance study appropriate legislation codifying consent decrees in disposable contact lens antitrust litigation."
Whereas, It is in the best interest of West Virginia consumers to comparison shop in order to receive the best value for their health care dollars; and
Whereas, Attorneys General in 32 states brought suit in the 1990s to bring lower prices to consumers buying contact lenses; and
Whereas, The contact lens litigation was settled in 2001 and brought price competition to the contact lens market. These settlements expire during the year 2006; and
Whereas, The Legislature should seek to protect the citizens of West Virginia and their health care rights; therefore, be it
Resolved by the Legislature of West Virginia:
That the legislature hereby requests the Joint Committee on Government and Finance to study appropriate legislation codifying consent decrees in disposable contact lens antitrust litigation; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 80 - "Requesting the Joint Committee on Government and Finance study safety regulations of all-terrain vehicles."
Whereas, The safe operation of all-terrain vehicles has become an increasing concern for the citizens of West Virginia; and
Whereas, The Legislature has enacted certain safety regulations relating to the operation of all-terrain vehicles and has attempted to address additional concerns during the 2006 Regular Session; and
Whereas, Safety regulations of all-terrain vehicles should be properly examined in light of 40 all-terrain vehicle-related deaths in 2005 and countless injuries resulting from the improper operation of all-terrain vehicles; and
Whereas, There may be a need for additional reasonable safety regulations relating to all- terrain vehicles; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study safety regulations of all-terrain vehicles; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Com. Sub. for H. B. 4444, Permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands, still being in possession of the Clerk, was taken up for further consideration.
On motion of Delegate Staton, the House of Delegates reconsidered the passage of the bill and its action in concurring in the Senate amendment with a House amendment.
Unanimous consent having been obtained, the previously adopted amendment to the Senate amendment, which appeared on page five, section three-a, line nineteen, after the word, "ginseng" by inserting a period and striking out the remainder of the paragraph, was withdrawn.
The question now before the House being the amendments of the Senate to the bill, on motion of Delegate Staton, the House of Delegates concurred therein.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 516), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Ferrell and Houston.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4444) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
At 7:48 p.m., the House of Delegates adjourned until 10:00 a.m., Saturday, March 11, 2006.